In Brannan v Korn, Second Department, May 24, 2011, an action to recover damages for personal injuries, The Court granted defendants’ motion for summary judgment dismissing the complaint based on the emergency doctrine. The plaintiff, while attempting to walk across Ring Road, in Garden City, New York, was struck by…
In Anastasi v. Terio, decided by The New York Appellate Division, Second Department on May 17, 2011, reversed the granting of Summary Judgment for defendants in this action for wrongful death. The case involved a car accident that took place at an intersection in Queens, New York City. The traffic…
Our partner Ben Rubinowitz successfully resolved a claim against the New York City Transit Authority for $4 million. At the time of the accident, a young woman was crossing a New York City street when she was struck by a bus driven by a N.Y.C.T.A. employee. The defense claimed the…
The Court of Appeals on February 17, 2011, in a 4 to 3 decision has just written an extremely interesting and important opinion (Kabir v. County of Monroe) regarding New York Vehicle & Traffic Law, Section 1104(e). The Court held that the reckless disregard standard of care in V &…
Jeffrey and Diana Acre have filed a wrongful death lawsuit against the Pennsylvania Department of Transportation over the 2009 death of their daughter. They allege that PennDOT’s poor design and maintenance of Route 366 in New Kensington was a contributing factor in the death of 16-year-old Kylee Jo. In the…
Ford pleaded with the Illinois Supreme Court Justices last week in hope that they’d overturn the $43 million Madison County verdict awarded to Dora Mae Jablonski in 2005, as reported in The Madison Record. Jablonski’s husband, John Jablonski, died after the fuel tank in their 1993 Lincoln Town Car exploded…
The following is an extract from a report in The National Edition of Verdict Search, Vol. 8 Issue 6, June 2009. Our Partner, Ben B. Rubinowitz represented the plaintiffs, Gloria Aguilar and Aristides Aguilar. On Nov. 4, 2005, plaintiff Gloria Aguilar, 45, a homemaker and part-time housecleaner, was struck by…
Following a six week trial in New York Supreme Court before Judge Paul Feinman, our Partner, Ben B. Rubinowitz obtained a jury verdict of $27,500,000.00. The plaintiff, Gloria Aguilar, was a 45 year old woman, returning from work. As she was crossing 50th St at 10th Ave, a New York…
In Tirado V. Elrac Inc., U-Haul Co., Inc. decided August 5, 2008, The First Department reversed the order of the Supreme Court granting U-Haul’s motion for summary judgment and granted plaintiffs cross motion to amend his Complaint and held the amendment related back to the original date of filing of…
In Koenig v. Lee, Decided on July 15, 2008, The 2d. Department dismissed plaintiff’s complaint for personal injuries suffered in an Automobile Accident based on the Emergency Doctrine. The facts set forth by The Court were as follows; “Here, the evidence submitted by the appellants in support of their motion…