The affirmed report of defendants’ independent examining neurologist, indicated that an examination conducted on April 7, 2006 revealed that there is no permanency from a neurological perspective. He opined that there is no objective evidence of any neurological disability or abnormality. The affirmed report of defendants’ independent examining psychiatrist, showed…
Articles Posted in Personal Injury
Defendant’s Motion for Summary Judgment on the Basis of Liability Was Denied
In this action, plaintiff seeks to recover damages from defendants for personal injury arising from a “slip-and-fall” type accident, occurring on October 26, 2002. Plaintiff alleges that she was a passenger on a bus, and that as she was attempting to exit the bus, she was caused to fall due…
New York Appellate Court Says Plaintiff Failed to Rebut Defendant’s Claim of No Triable Issue of Fact
Additionally, plaintiff has failed to rebut evidence of a preexisting degenerative condition. Although defendants’ independent experts conclude in their affirmed reports that plaintiff’s MRI films showed evidence of degenerative changes, and chronic degenerative spinal disease which is a pre-existing condition, plaintiff failed to attach evidence from any experts indicating their…
New York Court of Appeals Hears Two Dog Bite Cases
Two cases are before two courts for resolution. First Case: A plaintiff filed an action to recover damages for personal injuries resulting from a dog bite. On 26 June 1986, the Supreme Court of Orange County issued an order against the plaintiff and in favor of the defendants granting the…
Plaintiff Files for Structured Settlement, New York Appellate Court Finds for Defendant
Petitioner, who is an investment company, filed for the transfer of a structured settlement in its favor pursuant to a personal injury suit filed against by a private victim. The victim suffered injuries due to a motor vehicle accident where his motorcycle hit a pothole on an expressway at Bronx.…
New York Appellate Court Weighs in on Attorney-Client Relationships
Plaintiffs commenced a legal malpractice action seeking damages allegedly arising from defendant lawyer’s representation of them in a personal injury action. Defendant lawyer then filed a motion for summary judgment dismissing the complaint against him. On 6 August 2007, the Supreme Court of Monroe County issued an order granting the…
NY Supreme Court Discusses Slip and Fall Injury Case
This case is being heard in the trial term of the Supreme Court of Bronx County part V. The plaintiff is seeking to recover damages for personal injuries that were allegedly sustained by him as a result of stepping on a brick that was broken on a stairway that was…
Appellate Court Questions Whether Injuries Led to Suicide in Claimant’s Husband
In this case before the Court of Appeals of New York the court is presented with the question of whether there is a connection between the suicide of the claimant’s husband and the physical injuries he sustained five and fourteen years before he committed suicide. Case Background The accidents that…
This case is being heard in the Supreme Court of the State of New York in Queens County
This case is being heard in the Supreme Court of the State of New York in Queens County. The defendants of the case have moved for an order to set aside a jury award of damagesthat was returned on the 22nd of June, 2005 and for a new trial to…
New York Supreme Court Discusses Statute with Disproportionate Impact on Particular Demographic
The case before the Supreme Court of New York County involves a significant statute that appears to have a disproportionate impact on people of color and those with a limited income. The statute is found in the General Obligations Law of New York and is known as the Structured Settlement…