Recent Blog Posts
Court Determines Mishandling of Teen’s Corpse Only Worth $600,000, Despite Jury’s Million-Dollar Verdict
New York Public Health Law provides that every body of a deceased person is entitled to a decent burial or cremation within a reasonable time after death. Section 4215 in particular addresses the remains of a body after an autopsy dissection has been performed and requires that these remains be buried as well. In… Read More »
Doctor Misdiagnoses Man with Terminal Brain Cancer
Mark Templin was given a bleak diagnosis from his physician, Dr. Patrick Morrow – he was informed that he had terminal brain cancer, and had only months to live. Templin didn’t question the diagnosis. He quit his job, sold his pickup truck, and made prearranged funeral plans. Templin celebrated what he thought would be… Read More »
Trial Underway in Michael Jackson Wrongful Death Case
Opening statements began Monday, April 29th, in the wrongful death lawsuit brought by the mother and children of pop icon Michael Jackson against Anschutz Entertainment Group (AEG), the megalithic entertainment company which was organizing a series of concerts for Michael Jackson at the time of his demise. The first week of trial brought testimony… Read More »
Police Chase Ends Badly for Innocent Bystanders; Appeals Court Refuses Help
A police chase through New York City streets ended when the car being pursued lost control of the vehicle, striking and injuring two pedestrians. A lawsuit against the City was recently dismissed by the appellate court, citing a New York law giving considerable leeway to police when in pursuit. This law allows police to… Read More »
New Rules Make It Harder to Claim New York No-Fault Insurance Benefits
The Fourth Amendment to 11 NYCRR 65-3, adopted on January 30, took effect earlier this month. This amendment to the New York Code, Rules and Regulations (NYCRR) is favorable to the insurance industry, and the effect of this amendment will be to cut down on the number of claims that can be filed for… Read More »
Man on Bike Collides with Dog Running Free Across Central Park Roadway
Court finds no liability for dog’s owner. On April 16, the Appellate Division of the New York Supreme Court held that the trial court in the case of Doerr V. Goldsmith should have dismissed the plaintiff’s personal injury complaint as a matter of law, rejecting the plaintiff’s common law negligence claim in favor of… Read More »
When is the Government Liable for the Negligence of its Employee?
Apparently, not when a city employee sends a biker through a construction zone closed to traffic, and the cyclist strikes a pothole, fractures her jaw and endures other injuries to her face, requiring 21 surgeries and counting. Such is the opinion of the Supreme Court of New York in Wittorf v. City of New… Read More »
Strapped to a Chair and Tasered
Appeals Panel Overturns $2 Million Jury Verdict in NYC Police Excessive Force Case “The right of the people…to be secure in their persons…against unreasonable seizures, shall not be violated…” – U.S. Constitution, Fourth Amendment The test for determining whether or not the police used excessive force when taking someone into custody boils down to… Read More »
NY Slip and Fall Case Settles Liability when Sidewalk is Separated from Premises by Land Owned by City
Court finds grocery store liable for upkeep of sidewalk, even when unpaved grassy parcel separates them. Generally, the owner of a premises is responsible for compensating victims of slip and fall injuries if the accident is due to improper maintenance of the premises. However, when a slip and fall occurs on a sidewalk, it… Read More »
New York Subway Safety Improvement Suggestions Fall on Deaf Ears
There have been several high-profile New York personal injury subway fatalities over the past few months in the New York City subway system. These subway train fall deaths have sparked public outcry to improve safety. Several ideas have been presented to government officials and a new strategy to increase safety has been revealed by… Read More »