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On June 29, 2021, a construction worker who sued the Metropolitan Transportation (MTA) was granted summary judgment with a ruling that the MTA violated several state worker safety laws. The construction worker was struck by an improperly hoisted load of L-shaped steel rebar on a construction site...
Last week an appellate Court dismissed a legal malpractice complaint due to the shortcomings in the client's complaint. The client retained a worker's compensation attorney to represent him in a claim for benefits arising out of an "on the job injury" when he fell off a ladder. At a hearing, evid...
On June 23, 2021, an appellate Court dismissed a Westchester County medical malpractice action against a radiologist, finding he performed exactly what an internist/PCP ordered - a routine or screening mammogram. The complicating factor in this case was that when the patient showed up at the radi...
On June 30, 2021, the appellate Court for Queens jury trials upheld, in part, the trial Judge who radically slashed an excessive jury verdict awarded to a 41 year old man severely injured in a car accident. The only issue at trial was damages or how much to compensate the injured plaintiff. He ha...
On April 29, 2021, an appellate court approved a Bronx jury award of $2,050,000 for 6 years of past pain and suffering ($550,000) and 40 years of future pain and suffering ($1,500,000). The injuries occurred when the plaintiff, then age 28, working as a painter fell from a ladder. The painter fra...
This month an appellate court covering Tompkins County, New York addressed the issue of whether a nurse's error in administering medication ordered by a doctor would be resolved under an "ordinary negligence" or a "medical malpractice" standard of law. The plaintiff arrived at an emergency room w...
Earlier this month a NY appellate court covering Brooklyn appeals restored a medical malpractice suit that had been dismissed and sanctioned the defendant vascular surgeon. The plaintiff sought treatment from a vascular surgeon with complaints for pain and swelling in his left leg. The vascular s...
On April 13, 2021, an appeals court covering the Bronx and Manhattan sustained a record breaking $20,000,000 pain and suffering award (in addition to lost wages and medical expenses of $13.5M) for a 30 year old construction worker who was knocked off a scaffold when a forklift rammed the building...
On June 22, 2021 the Appellate Division, First Department suspended an attorney (on an interim basis) for failing to obey their Order which directed her to submit to psychiatric and medical examinations to determine her fitness to continue practicing law. The attorney's mental fitness was in qu...
On June 17, 2021 an Appellate Court refused to overturn a jury verdict in favor of an attorney sued for losing a medical malpractice trial in a New York County Court in 2017. The issue in this case was whether the client or her attorney was to blame for failing to have a medical expert testify a...
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...
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