In Delaney v. Town Sports International, doing business as New York Sports Club, et al., 2d Department decided on October 4, 2011, the Court was with faced with the age old question of trivial or de minimis defects. The plaintiff suffered injury as a result of falling over a moveable…
Please note that for those of you handling New York City Elevator Accidents the old system of Local Law 10/81 inspections and two year tests ended on January 1, 2009. The new rule published on April 14, 2010 requires the following inspections and test cycle: “(5) Inspection and test cycle.…
$10 million lawsuit filed over well drilling explosion death (Knoxville News Sentinel, TN) Alleged DUI driver held in fatal Fremont crash (S.F. Chronicle) Former Football Player’s Family Files Suit (The Post and Courier – Charleston, SC) Injuries linked to circumcision clamps (L.A. Times) Jones Act suit claims heavy lifting caused…
United Airlines Settles Last 9/11 Wrongful-Death Lawsuit (New York Times, NY) ‘Enchantment of the Sea’ Cruise Ship Passenger Alleges Injury From Falling Piece of Shower (U.S. Dist. Ct., SD FL) Castroville Man Guilty in DUI Accident that Injured His Dad (KION, CA) Court Rules For University of Nebraska Medical Center…
The New York Appellate Division, Second Department, has, once again, ruled that the scope of a Frye hearing regarding a plaintiff’s theory of causation in a medical malpractice action is limited only to whether or not the expert’s opinion is based on generally accepted scientific principles, as opposed to the…
In a rather unusual case, the New York Appellate Division, Second Department held that there are limits to how far a defendant can go in examining a medical malpractice plaintiff during an Independent Medical Examination in New York. In the case D’Adamo v Saint Dominic’s Home decided on September 13,…
The following basic items should be included in plaintiff’s initial Notice For Discovery and Inspection in an Elevator Accident Case occurring in The City of New York and adapted in other areas of the State. See below. 1. A copy of the contract with (Defendant Elevator Co.) pursuant to which…
In Cordeiro v. TS Midtown Holdings, LLC, et al., The New York Appellate Division, First Department on September 15, 2011, granted plaintiffs’ motion for partial summary judgment as to liability on their Labor Law § 240(1) claim. The plaintiff sustained injury while preparing to remove elevator equipment from a building…
San Francisco’s Muni target of lawsuit by slain woman’s family (San Francisco Examiner, CA) New York Hospital sues creator of website that discusses the 2003 death of his wife (Albany Times-Union, NY) The family of a Georgia man who stabbed his mother to death in a psychotic rage will be…
Our attorney Jeffrey Bloom will speak at the sold out Bridging the Gap program at the New York State Bar Association. He’ll be lecturing on “Commencing a Civil Lawsuit in New York” on September 12th. You can register for overflow seating here.