Author Archives: Site Administrator
New York Laws, Codes, Rules and Regulations all Govern Construction Site Accidents
Knowing New York’s Labor Laws is one thing, but it is not enough just to know the statutes. For instance, Labor Law section 241 (6) requires that when a building is demolished, the walls and other parts of the structure must be shored up and guarded during the work to provide reasonable and adequate… Read More »
Products Liability Case Against Shoulder Pain Pump Manufacturer Allowed to Proceed
In a Preliminary Statement issued by the Supreme Court, Nassau County on September 30, 2011, the case of Varveris v. Orthopaedic and Sports Associates of Long Island will be allowed to proceed, with some of the causes of action against the defendant dismissed and others upheld. The plaintiff in this case is alleging personal… Read More »
A Refusal to Settle Can Be Insurance Bad Faith
A recent New York automobile accident case in Supreme Court, Kings County, reveals how an insurance company may be liable for damages when it refuses an offer to settle a case within its policy limits, and the defendant later loses at trial. The case is Taveras v. American Transit Co., decided on October 17,… Read More »
New York Court Discusses Constructive Notice in Premises Liability Cases
Earlier this year, the Appellate Division of the Supreme Court of New York, Third Department reviewed the issue of constructive notice in a slip and fall case and how much evidence must be produced in order to survive a summary judgment motion and proceed to trial. The case was Mary Black v. Kohl’s Department… Read More »
Carpool Lanes and the Risk of Motor Vehicle Accidents
New York is a leader in high-occupancy vehicle lanes, also known as HOV lanes or carpool lanes, which reserve certain lanes only for vehicles with multiple passengers. This practice is meant to encourage carpooling and decrease traffic congestion. Whether HOV lanes ultimately help or harm traffic flow, it is certain that HOV lanes present… Read More »
Another Chapter in Bus Accident Victim’s Fight for Justice
More than 15 years have passed since the plaintiffs were injured in a New York bus accident, but their search for justice and compensation continues. The latest chapter in their saga came last October, when the New York Court of Appeal reached a decision in their favor. The litigation continues, however. In 1994, Gloria… Read More »
Causes of Brain Injury
Traumatic brain injury (TBI) is the general term that refers to brain damage a person suffers from a sudden physical force or impact. TBIs occur when the head hits an object or because of severe shaking. TBIs range from mild to severe and can occur in a variety of instances. Auto Accidents Nearly half… Read More »
Court Rules on Punitive Damages in Nursing Home Neglect Case
On September 14, the Supreme Court of New York (Kings County) in the case of Butler v. Shorefront Jewish Geriatric Center ruled against the plaintiff seeking punitive damages against the Haym Solomon Home for the Aged in the death of his father. What are Punitive Damages? Most damages awarded in civil cases are compensatory… Read More »
Scaffolding Collapse in Harlem Injures 17; New York City Bus Passengers Hurt
Seventeen people were injured recently when scaffolding collapsed onto the back of a New York City bus (see Violations Issued to Construction Company in Harlem Scaffold Collapse at DNAinfo.com). The accident occurred on September 20th at 301 West 125th Street near Frederick Douglass Boulevard in Harlem. The building was under demolition at the time,… Read More »
Shoulder Pain Pumps Destroy Shoulder Cartilage
A pain pump is a small catheter which is usually inserted into a shoulder following surgery. The pump is attached to the shoulder and connected to a container that is filled with a long-lasting local anesthetic. The purpose of the pump is to gradually and continuously release anesthetic for up to five days or… Read More »