Tag Archives: Law Enforcement
Highway Construction and Fuel on the Floor
A couple of personal injury lawsuits against New York City were recently resolved in the courts. One case resulted in a jury award of $7.25 million for the injured plaintiff and his wife. In the other case, the court refused to hold the City liable for its worker’s on-the-job injury. Lack of Signage Causes… Read More »
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 »
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 »
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 »
Money Talks- NY Court of Appeals Allows the Testimony of a Witness Paid $10,000
In the case of Caldwell v. Cablevision Systems Corp., a woman sued the cable company after trenches built for the company’s cable installation created a hazard. The woman was walking her dog and claimed she was injured when she tripped and fell into one of the trenches. However, the jury ruled against the injured… Read More »
How Much “Medical” is Necessary for Medical Malpractice?
Civil actions utilize various statutes of limitations to assist in judicial efficacy. Generally, the statute of limitations for negligence actions is three years- but there are exceptions. For example, medical malpractice, although technically a negligence action, is bound by a 2 ½ year limit. This difference often leads to judicial wrangling with the definition… Read More »
New York Court of Appeals Shows No Love to Plaintiff’s in Personal Injury Cases this Valentine’s Day
In the case of Auqui v. Seven Thirty One Limited Partnership , the New York Court of Appeals ruled on Thursday, February 14, 2013 that a plaintiff in a personal injury suit cannot litigate an issue in their case, if that issue has already been ruled on in a related worker’s compensation proceeding. Since… Read More »
Appellate Division Weighs In On Water Park Personal Injury Case
In the latest ruling on a case that was first filed in 2008, the Appellate Division of the New York State Supreme Court, Second Department, reversed a lower court ruling dismissing the plaintiff’s personal injury claims. This means that the plaintiff, who was injured in an accident in 2007, may yet have his day… Read More »