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…
New York Personal Injury Attorneys Blog
MEDICAL MALPRACTICE LAW- NEW YORK APPELLATE DIVISION HOLDS THAT, IN FRYE HEARING, CAUSATION THEORY NEED NOT BE SUPPORTED BY MEDICAL LITERATURE DEMONSTRATING SIMILAR FACTUAL SCENARIO
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…
The New York Appellate Division, Second Department Restricts Scope of Independent Medical Examination.
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,…
NEW YORK ELEVATOR ACCIDENTS
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…
New York Construction Accident Law-Worker Suffers Injury In Fall
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…
Personal Injury News Roudup
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…
Jeffrey Bloom to Speak on Civil Lawsuits at NYSBA Program
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.
Ben Rubinowitz to Lecture at Decisions 2011
Our Partner Ben Rubinowitz will be lecturing at the DECISIONS 2011 Program at the Prince George Ballroom, 15 East 27th St. New York City on Saturday, September 10, 2011. This is the Flagship Program Sponsored by the New York State Trial Lawyers Institute. This annual event is designed to provide…
Personal Injury News Roudup
The Pennsylvania Superior Court has upheld a $5.2 million medical malpractice suit award for the widow of a Pennsylvania pharmacist after a jury found a former Wyomissing doctor negligent in his death. A Olean man was awarded $24 million for misdiagnosis for a brain aneurysm in 1998 that led to…
New York Construction Accident Seminar
This is from a Seminar by The New York State Bar Association on New York Construction Accident Law which was held in 2008. The Seminar was developed by Howard S. Hershenhorn who was the over -all planning chair. The seminar has been held State wide since 2007. It will once…