In a personal injury case, when it comes to determining the amount of damages for pain and suffering and future medical expenses, the jury will look at number of factors including who was at fault, the seriousness of the injuries, the treatment involved, the treatment that will be required in…
In the case of a car accident that killed one person and severely injured another, the appellate court was asked to consider whether the “storm in progress” defense applied. Background On March 2, 2005, 25-year-old Jeremy Killenberger and 25-year-old James Croote were passengers in a car being driven by Kevin…
A defendant seeking summary judgment must establish prima facie entitlement to such relief as a matter of law by affirmatively, with evidence demonstrating the merits of the claim or defense, and not merely by pointing to gaps in plaintiff’s proof. Labor Law §200 reads: All places to which this chapter…
As previously stated, ever where there is ample proof of a plaintiff’s injury, certain factors may nonetheless override a plaintiff’s objective medical proof of limitations and permit dismissal of a plaintiff’s complaint. Specifically, additional contributing factors such as a gap in treatment, an intervening medical problem or a pre-existing condition…
The issue to be resolved in this case is whether summary judgment of the case is proper. It is well settled that the proponent of a motion for summary judgment must make a prima facie showing of entitlement to judgment as a matter of law by providing sufficient evidence to…
The plaintiff commenced this personal injury action against the driver and owner of a New York City taxi, involved, along with the plaintiff, in a motor vehicle accident at the traffic light on the street. The plaintiff alleges that he was stopped at the light when the driver rear-ended his…
This is a personal injury action in which plaintiff, seeks to recover damages for injuries he sustained as a result of a motor vehicle accident that occurred on December 22, 2009, at the intersection of 23rd Avenue and 97th Street, Queens County, New York. At the time of the incident,…
The underlying action was commenced by the plaintiffs as a result of a motor vehicle accident, which occurred on November 29th, 2008, at or near the intersection of Page Road and Marlboro Road in Valley Stream, New York. The subject intersection is controlled by stop sign for those vehicles traveling…
On October 4, 2002, the plaintiffs filed a personal injury action arising from a motor vehicle accident and alleged that they sustained serious injuries as defined by Insurance Law and seek to recover damages against the defendants. The defendant moves for summary judgment in its favor. In support of the…
On December 13, 2011 in the Supreme Court of the State of New York Appellate Division: Second Judicial Department, an interesting case was heard. The commercial vehicle accident injury that occurred in Westchester County and had been heard on September 28, 2010 was being appealed. The issue at appeal was…