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On July 24. 2019 an appellate court agreed that the owner of a guard dog (who had never bitten anyone before) that lacerated the face of an 11 year old boy must stand trial. There was no proof that the dog had ever bitten anyone or acted aggressively so the owner filed a pre-trial motion to dismi...
On July 2, 2019, the appellate court covering Manhattan upheld the dismissal of a legal malpractice claim alleging that the attorney representing the purchaser of a property for $1.4M was negligent for failing to secure court approval for the sale. The property was being sold by a not-for-profit ...
Last month, an appellate court hearing appeals from Queens County cases reversed a trial court and granted St. John's Episcopal Hospital South Shore motion to dismiss the case of a patient suing for sexual assault. The plaintiff while admitted as a patient of St. John's claimed to have been sexua...
On July 2, 2019 an appellate court agreed that Dr. Francois Lacour-Gayet, Chief of Pediatric Cardiothoracic Surgery at Montefiore Medical Center, was not entitled to dismissal of an infant's claim for medical malpractice. The lower court found that the heart surgeon had departed from accepted sta...
On June 26, 2019, an appellate court agreed that once a medical malpractice case was settled and attorneys fees awarded, the only forum to challenge the fee award is before the same court and not in a subsequent legal malpractice action. The medical malpractice claim was settled for $3,700,000 re...
On June 26, 2019, an appellate court in New York held that a urologist involved in the diagnosis and successful treatment of prostate cancer, had no legal obligation to order or perform an unrelated colonoscopy as part of a complete cancer screening. Unfortunately, this same patient who survived ...
Last month an appellate court overruled a Kings County Supreme Court Justice who allowed a grandmother to sue for the emotional injuries she suffered when her granddaughter (2 years old) was killed by falling debris from the facade of a commercial building in Manhattan.It was undisputed that the ...
On June 14, 2019, a New York appellate court rejected a defense verdict awarded to a vascular surgeon by an upstate jury regarding the performance of an aortobifemoral bypass. The malpractice theory advanced at trial was that the surgeon failed to properly inspect the bowel as it was returned to ...
Many cases involving sports related injuries are rejected or dismissed due to the assumption of risk doctrine. Once you choose to participate in any recreational activity you are usually thought to have consented to quietly accept any injuries arising out of that activity. But there are many exce...
On June 19, 2019, an appellate court ruled that a neurosurgeon was not entitled to dismiss a wrongful death - medical malpractice case without a jury trial. The neurosurgeon performed microvascular decompression surgery on the plaintiff's decedent to treat trigeminal neuralgia and discharged him ...
On June 19, 2019 an appellate court overruled Nassau County Supreme Court Justice Jerome Murphy who dismissed a claim for forfeiture of legal fees against Garden City lawyers Cullen & Dykman. The client had retained Cullen & Dykman to analyze her ownership interest of $20 million in W.S. Wilson C...
In a recent decision an appellate court reversed Justice Kevin Kerrigan's Order to set aside a plaintiff's verdict in a brain damaged baby case. Because the jury reasonably found malpractice but unreasonably failed to award any monetary compensation to the child, the appellate court ordered that ...
Last month the appellate court affirmed a Manhattan Supreme Court Justice who dismissed a claim by a (then) 66 year old woman who underwent a permanent cosmetic eyebrow tattooing to her forehead. It was claimed that the tattoo was placed too far "above the plaintiff's natural brow line resulting in...
On June 6, 2019 the appellate court handling appeals from Bronx County affirmed a trial court Judge who allowed a brain damaged baby leave to file a late notice of claim - even though there was no reasonable excuse offered for the delay. It was found that the New York City Health & Hospitals Corp...
Battle of Experts In Malpractice Case Determined By Court on A Pre- Trial Motion
On June 6, 2019, the New York Court of Appeals restated a burden-shifting analysis, often misconstrued by lower courts, regarding the application of a missing witness charge. As a result, a Rochester man convicted of attempting to murder a woman will be allowed a new trial. The victim was walking...
On May 29, 2019, an appellate court agreed that a client's claim for legal malpractice is no longer the property of the client once they file for bankruptcy protection under Chapter 7 of the US Bankruptcy Code. In March 2012 the plaintiff/client filed for bankruptcy and 3 years later sued the att...
On April 12, 2019, a Bronx jury found in favor of a woman who sought help for an asthma attack and within 10 days suffered permanent irreversible brain damage. It was claimed that the doctors at the hospital failed to transfer the patient to a nearby hospital that had a heart-lung machine because...
On Tuesday, a Manhattan jury joined the growing ranks of other juries from several States that found a link between long term use of baby powder (talc) and a deadly form of cancer called mesothelioma. The jury awarded $25,000,000 in compensatory damages to plaintiff Donna Olson who claimed that s...
Court finds that attorney had admitted to negligence and causation on loss of property damage claim in letter to client. Attorney's arguments that the underlying case lacked merit rejected.
Last week an appellate court reversed a trial court that had granted summary judgment to a nephrologist (kidney specialist) and vascular surgeon dismissing the malpractice claim brought by the family of a patient who died due to a complications of dialysis treatment. The appellate court explained...
In an Order dated March 27, 2019, an appellate court sustained the reduction of a Nassau County jury verdict of $9,435,000 to $4,772,614.
On April 3, 2019 a Brooklyn jury awarded $10,040,000 to a male pedestrian who tripped and fell on a broken patch of sidewalk measuring eight inches long by four inches wide and two inches deep. It was claimed this sidewalk defect was longstanding and in violation of NYC Administrative Code Sec. ...
The FDA recently revised its warning of a correlation between some breast implants and anaplastic large cell lymphoma.
On April 10, 2019 New York City Health & Hospitals Corporation agreed to settle a claim of failing to emergently deliver a baby via cesarean section for $1,750,000.
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