Uninsured Motorist Coverage/Supplemental Underinsured Motorist Coverage
A. When and How It Applies:
1. Uninsured Motorist Coverage (UM) – Insurance Law Section 3420(f)(1) – is mandatory in New York State which makes certain that the minimum bodily insurance coverage mandated by law is available to those involved in an accident with an uninsured vehicle.
LOSS OF VISION FOLLOWING BLEPHAROPLASTY AS A RESULT OF ORBITAL HEMORRHAGE
Blepharoplasty basically is surgery in which excess tissue is removed from the eyelids. It is the most commonly performed cosmetic surgery of the face. Upper eyelid surgery is usually performed for removal of excess skin, muscle and fat and lower lid surgery for the removal of fat pads, so called baggy eyelids caused by herniation of periorbital fat.
The most serious complication of blepharoplasty is partial or complete loss of vision, most commonly as a result of intra-orbital hemorrhage. A widely accepted theory suggests orbital bleeding increases intraorbital and intraocular pressure, compromises the ocular circulation, and results in ischemic or optic nerve damage. Ischemic optic neuropathy and central artery occulsion are believed to be the most common final events in most cases of blindness after blepharoplasty. (Lowry JC, Bartley GB: Complications of Blepharoplasty. Surv. Ophthalmol 38:327-350, 1994).
To prevail in a civil rights action under 42 USC §1983, plaintiff must establish that defendants deprived decedent of a right secured by the constitution or laws of the United States and that such deprivation was committed by person(s) acting under color of state law (see, Spell v. McDaniel, 591 F.Supp. 1090 [1984]). Officially promulgated ordinances, regulations and departmental directives give rise to municipal liability under section 1983 if such policies and decisions lead to a deprivation of constitutional rights (Id.). Municipalities are liable under section 1983 for de facto policies or practices which engender constitutional deprivation; informal actions, if they reflect general policy, custom, practice or pattern of official conduct which even tacitly encourage conduct depriving individuals of their constitutional rights, satisfies section 1983 standards (Id.).
Legal Standard For Discovery
Federal, and not State law, governs questions of discoverability, confidentiality and privilege in federal civil rights actions (see, King v. Conde, 121 F.R.D. 180 [EDNY 1988]; Fed. R. Civ. P. 26[b][1]). Under Rule 26 (b)(1) of the Federal Rules of Civil Procedure, any information that is not privileged is discoverable if it is relevant to the action or reasonably calculated to lead to the discovery of admissible evidence.
In an injury or death resulting from the defective design of a product, the claim is that the product functioned as it was designed but the design was negligent. That is a reasonable manufacturer should have known that the design of the product was defective, that it was foreseeable that the design could cause injury or death to the user of the product. Once a hazard, which is a condition that may cause injury or death, is identified in a product, the design engineer must follow an accepted design priority recognized by all design engineers in reducing the possibility of the dangerous condition of the product causing injury or death.
1. The dangerous condition must be designed out of the product if such can be done without destroying the utility of the product. If this can’t be done then:
2. The dangerous condition of the product must be guarded against. If the dangerous condition of the product can’t be guarded against then:
From amnewyork By David Freedlander;
Twenty of the city’s high-rise crane returned to operation last week, but many of them are on construction sites that have received dozens of complaints and violations for unsafe working conditions.
The complaints range from the mundane to the alarming, but in the light of two deadly crane collapses this spring, both of which occurred on construction sites with a history of violations, some say any infraction raises red flags.
FAILURE TO PROMPTLY REVISE A SHUNT IN A PATIENT WITH HYDROCEPHALUS.
The city’s chief crane inspector was arrested on Friday and charged with taking bribes to allow cranes to pass inspection, the authorities said. He was also accused of taking money from a crane company that sought to ensure that its employees would pass the required licensing exam.
Our Senior Partner Robert Conason and our Partner Rhonda Kay are contributing authors of Warren’s Negligence in the New York Courts, Second Edition.
Warren’s Negligence in the New York Courts has been a trusted authority for negligence attorneys practicing in New York for more than 60 years. It is one of the most thorough New York-specific treatises covering the key legal aspects of New York negligence law and important procedural matters for both plaintiff and defense attorneys.
Wednesday, June 4, 2008
In 2006, our partner, Rhonda E. Kay, authored her first book entitled LexisNexis AnswerGuide New York Negligence. Republished each year with updated information, this answerguide is a practical and concise guide focusing on the key legal and procedural issues that arise in six of the major classes of cases handled by the New York negligence practitioner: Motor Vehicle Accidents, Premises Liability, Construction Accidents, Products Liability, Governmental Liability and Medical Malpractice. In addition to providing a substantive overview of the law, this single volume publication offers valuable practical insights, task-oriented checklists and annually updated case citations. This answerguide is published by, and available through, LexisNexis Matthew Bender.
Trial Advocacy
Thursday, May 29, 2008 By Ben Rubinowitz and Evan Torgan”
Ben Rubinowitz, a partner at Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf and Evan Torgan, a member of Torgan & Cooper, write that “in any personal injury case, effective cross-examination is essential to win the battle of medical experts. However, many lawyers don’t prepare their examination of the opposing expert until the night before the actual cross takes place. The well-prepared lawyer knows better – a winning cross is prepared months in advance of trial.”
New York Personal Injury Attorneys Blog