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On June 24, 2020 an appellate court addressed the value of the fair compensation for a 50 year old female whose small intestine was perforated during an endoscopy procedure.The plaintiff's expert at trial told the jury that an emergency laparotomy was necessary causing a 7 inch abdominal scar and...
On May 13, 2020 an appellate court covering Kings County overruled a Brooklyn trial court that allowed the manufacturer of a Warm Mist Humidifier to sue the parents of a 10 month old baby girl whose foot was badly burned by its product. The father had placed the humidifier on the floor in the liv...
It was reported in Law 360 today that five employees of a McDonald's franchise in Oakland, California tested positive for COVID-19 and filed suit "alleging the franchise's owners forced highly contagious workers who had contracted the virus to keep working and gave workers face masks made from do...
On June 4, 2020 a Brooklyn Supreme Court Justice ruled that a wrongful death suit on behalf of a 41 year old father of 3 failed to meet the strict requirements of a suit against municipal paramedics administering emergency medical care. The decedent's fiance and daughter called 911 three times ov...
A few months ago an appellate court agreed that a Manhattan Supreme Court Justice correctly addressed a gross injustice in a jury verdict that awarded an injured construction worker $4,144,141 for lost earnings and medical expenses but nothing for pain and suffering. This is called an inconsisten...
On April 9, 2020 an appellate court agreed that a Manhattan jury got it right in awarding over $3,000,000 to a 52 year old carpenter who was struck in the neck by a falling wooden plank. The accident occurred at a construction site on First Avenue as a result of an unprotected opening in the floo...
On May 21, 2020 an appellate court reversed the decision of Supreme Court Bronx County Justice Douglas E. McKeon, which dismissed a claim of a brain damaged baby against the New York City Health & Hospital Corporation without a trial. The issue was whether the hospital's staff caused a baby's inj...
On May 14, 2020, a New York State appellate court agreed with a Manhattan Judge that a legal malpractice claim against an attorney who defended a NYC Teacher at a Board of Education license revocation hearing, lacked sufficient proof to proceed to a jury trial. The Teacher lost his license follow...
On March 25, 2020, an appellate court covering Suffolk County found that a Riverhead attorney had taken advantage of a grieving widow who had just received $300,000 in life insurance proceed following the death of her husband. The attorney was retained by the widow to file a petition for probate....
The question of whether an attorney can be held liable for failing to properly prepare an eyewitness for a deposition was addressed by an appellate court. A disgruntled client who lost a jury trial concerning a motor vehicle accident claimed that if only the sole eyewitness had been better prepar...
On May 27, 2020, Judge Robert D. Kalish of the New York County Supreme Court ordered a defendant in a personal injury action to produce his client and two nonparty witnesses for a remote video deposition. There was no disagreement that the witnesses had relevant testimony to offer. Rather, defens...
An appellate court covering an appeal from a Kings County jury verdict set aside a $700,000 verdict awarded to a woman who was injured during a routine dilation and curettage (D & C) procedure. The D & C was performed to address complaints of abdominal pain due to uterine fibroids. During the pro...
On May 26, 2020 an appellate court covering Orange County Supreme Court agreed that an Urgent Care Center must stand trial on a claim of medical malpractice which deprived a patient of a substantial opportunity to avoid a below-the-knee amputation. The patient had one visit to an Urgent Care Cent...
On March 31, 2020 the Court of Appeals ruled that an attorney who was claimed to have wrongfully induced a client to file a frivolous lawsuit in order to generate a legal fee could not be held liable under New York State Judiciary Law Section 487. A violation of this statute by an attorney is a c...
Ames & Gough's survey of leading legal malpractice insurers found some had experienced double digit increases in claims in 2019 and expect another surge in 2020. According to a spokesperson at Ames & Gough: "The sustained shutdown of the US economy this year due to the Covid-19 pandemic may trigg...
On March 4, 2020, an appellate court resolved an issue on the value of an intra-articular fracture at the base of the thumb metacarpal bone. The injury was sustained by a bicyclist crossing an intersection when he was struck by a car.The plaintiff had surgery to reduce and fix the fracture with p...
On February 19, 2020 an appellate court decided what it believed was fair and reasonable compensation for a 9 year old girl involved in a skiing accident, who fractured her right femur (thigh bone) requiring surgery and developed a leg length discrepancy because the fracture involved the growth p...
On February 5, 2020, an appeals court covering Suffolk County affirmed the dismissal of a legal malpractice complaint filed by a construction worker who was injured at a construction site. The bucket of an excavator struck the plaintiff's leg causing injuries. The attorney's who represented the p...
It was reported on Westlaw today that a jury refused to award any damages to a woman (in her 40's) who claimed that she had been sexually abused by a chiropractor in Corning, New York during the course of his treatment at one visit. What is remarkable is that the jury, last October, found that th...
On January 22, 2020, an appellate court vacated a Staten Island jury verdict of $1,102,000, based on the improper comments of plaintiff's counsel in closing arguments. The jury had determined that a 73 year old woman suffering from multiple severe medical issues unnecessarily died as a result of ...
On January 16, 2020, a 42 year old union laborer, who suffered permanent injuries to his neck and shoulder, won his case as a matter of law under Labor Law Section 240 (1), leaving only the amount of just compensation to be determined at a jury trial. The accident happened at a construction site ...
A 57 year old United States Diplomat slipped and fell at a gym on a wet floor in Manhattan and fractured two wrist bones (dominant R hand) which required surgery to repair. Having proved to a jury that the stairs where he fell had worn grip tape at the edge of the treads of each tread and that th...
On January 9, 2020, Justice Joan Madden of the New York County Supreme Court denied a motion of New York University Langone Medical Center to dismiss a pediatric/nursing malpractice claim involving a newborn who within 24 hours of discharge was found to have suffered profound brain damage due to ...
Yesterday, an appellate court overruled Manhattan Supreme Court Justice, Martin Shulman who had dismissed a claim of malpractice against an obstetrician and New York Presbyterian Hospital. The defendant, Dr. Sophia Drosinos persuaded Justice Shulman that she could not possibly be at fault "in rep...
On December 26, 2019, an appellate court overruled a Bronx County trial court that had dismissed a malpractice claim concerning a 37 year old mother (of 6 children) who had recently given birth but returned to the hospital with complaints of shortness of breath, racing heart beat and dizziness. S...
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