The exclusive control doctrine is a legal principle often invoked in personal injury cases, particularly those involving negligence claims. It forms a critical component of the res ipsa loquitur doctrine, a Latin phrase that translates to “the thing speaks for itself.” Res ipsa loquitur allows a plaintiff to establish a…
Res ipsa loquitur is a Latin phrase, which means “the thing speaks for itself.” In order to prevail in a personal injury case, the plaintiff must show that the defendant’s negligent or wrongful actions cause the plaintiff’s injury. Ideally, the plaintiff would have access to direct evidence such as eyewitness…
In personal injury cases, there are different types of compensation that may be awarded, including past medical expenses, future medical expenses, past pain and suffering, and future pain and suffering. Medical expenses are economic damages. Past medical expenses are relatively easy to determine as they are simply the bills from…
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 this case the Court of Appeals considered whether an expectant mother may recover damages for emotional harm where her baby was injured in utero injury and subsequently born alive. When Plaintiff Karen Sheppard learned that she was pregnant, her obstetrician, Dr. King, also informed her that she had fibroids…
In New York, a medical malpractice case must be filed within 2.5 years of when the underlying act of negligence occurred. CPLR 214-a. However, in extraordinary circumstances, the doctrine of equitable estoppel can be invoked to revive time-barred claims. In Pahlad, the Appellate Division considered whether a time-barred medical malpractice…
In the case of the death of a 14-year boy , the appellate court considered whether his death was in the course of his employment as determined by the New York Workers’ Compensation Board, or whether it was due to his employer’s criminal activity. Exclusive remedy rule In New York,…
In a personal injury case involving a plaintiff slipping and falling on subway stairs, the court considered whether the defendant, New York City Transit Authority (NYCTA), had a reasonable opportunity after the end of a snow storm to address the slippery condition, or whether NYCTA had actual or constructive notice…
In a medical malpractice case where the jury found the defendant to have been negligent, resulting in a severe injury to the plaintiff, the defendant asked the second department to determine whether the jury award should be set aside as excessive. Background On November 12, 2011, 27-year old Cinthya Arcos…
In a medical malpractice case where the jury found the defendants liable for the plaintiff’s birth injury, the second department was asked to determine whether a new trial should be ordered. Background On June 1, 2010, 38 years old Vashti Daisely, who was in the late stages of pregnancy, went…