Partners Ben Rubinowitz, Chris Sallay and Anthony Gair working together settled this personal injury case at mediation with the case on the Trial Calendar for $5,000,000.00. The plaintiff, 47 at the time of the accident, had climbed a fire escape to the third floor of a building when the landing…
Articles Posted in Personal Injury
New York Personal Injury News Roudup
Fatal car accident in Fort Greene after a driver that police say was drunk hit a women’s car early Sunday. New York Litigation Against Toyota Begins Crash in upstate NY leaves Finger Lakes chef dead 4 Die and 2 Are Injured as Motor Boat Crashes in Hudson Upstate New York…
Use Of The Principles Of Safety Design Engineering In a New York Personal Injury Case Based On Negligent Product Design
By; Anthony Gair, In personal injury cases predicated upon the negligent design of a product,(product liability cases), such as almost any type of machine which is to be used by people of varying training and skill it is imperative for the plaintiff’s attorney to understand the basics of machine design.…
$8 Million Settlement In Wrongful Death Drunk Driver Case
$8 Million Settlement In Wrongful Death Case In July, 2007 a drunk driver took the life of a 23 year old woman. That woman was the mother of a 4 year old child. That child’s life was forever changed by the reckless and negligent conduct and actions of the drunk…
Connecticut Family Awarded a Record $58 million for Birth Injury
The family was awarded a record $58 million for medical malpractice A Connecticut family received a record medical malpractice award in a lawsuit, after a jury determined that Daniel D’Attilo’s medical problems were preventable. Daniel needs constant care and cannot speak, eat or walk due to these injuries. Last week,…
Plaintiff’s Personal Injury Action in Car Accident Case Dismissed under Emergency Doctrine
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…
GGCSMB&R Attorney Ben Rubinowitz Featured Speaker at New York State Bar Association
Ben Rubinowitz has been asked to be one of the featured speakers at the New York State Bar Association’s Continuing Legal Education Program “How To Commence A Civil Lawsuit.” Mr. Rubinowitz will be speaking about Depositions. His lecture will focus on appreciating and understanding the New Rules of Depositions; How…
Plaintiff Teacher Assaulted By Student Failed To Show Special Duty In New York Personal Injury Action
In Blackstock v.Board of Education of the City of New York, decided on May 12, 2011 by The Appellate Division, First Department, a special education speech therapist employed by the defendant Board of Education, claimed that she suffered personal injury as the result of an assault by a student. She…
Court Holds Plaintiff Cannot be Compelled to Disclose Confidential Psychological or Psychiatric Records in Personal Injury Action
In Churchill v Malek, 2011 NY Slip Op 03673, decided May 3, 2011, The New York Appellate Division, First Department held that a plaintiff in a personal injury action cannot be compelled to disclose confidential psychological or psychiatric records. The Court stated as follows; “Given that, in this personal injury…
New York Construction Accident Law:Worker Who Suffered Injury In Fall From Ladder Held Not to Be Engaged In General Maintenance Granted Summary Judgment On 240(1) Cause Of Action
In Fox v H&M Hennes & Mauritz, L.P;et.al., 2011 NY Slip Op 03205, decided April 19, 2011, The Appellate Division, Second Department rejected defendant’s claim that plaintiff was enagaed in routine maintenance and thus Section 240(1) was not applicable. The facts as set forth by The Court were as follows;…