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 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,…
With regard to plaintiff’s claim for abuse of process, FVA has demonstrated prima facie entitlement to summary judgment. In order to prevail on a cause of action a plaintiff must demonstrate that defendant: (1) caused the issuance of regularly issued process either criminal or civil; (2) with the intent to…
Defendants argue that the combination of the permissible WCL exclusion of Dole v. Dow with an otherwise enforceable post judgment assignment agreement creates an unenforceable exclusion to the Workers’ Compensation Law. This personal injury court disagrees. Defendants’ liability in this case stems from a straightforward application of the Dole v.…
This motion raises the novel issue about whether a post judgment agreement assigning a defendant’s right to reimbursement from a third party defendant is void as against the public policy of the Workers’ Compensation Law (sometimes “WCL”) where the original plaintiff and the third party defendant are employee and employer.…
Section 205 (a) provides that: “If an action is timely commenced and is terminated in any other manner than by a voluntary discontinuance, a failure to obtain personal jurisdiction over the defendant, a dismissal of the complaint for neglect to prosecute the action, or a final judgment upon the merits,…
A personal injury action was filed arising out of an accident which occurred at a construction site in New York. The action was filed against a general contractor and a concrete subcontractor performing concrete and masonry for and at the research and development building of a pharmaceutical company. The construction…
This is a case being heard in the Second Department, Appellate Division, of the Supreme Court of the State of New York. The appellants in this case are appealing an order that was made in the Supreme Court of Kings County that granted a petition for approval of a personal…
This is a case being heard in the Supreme Court of Kings County. The plaintiffs, through a verified complaint, state that around the 26th of September, 2006, the plaintiff was severely injured when he was operating equipment on the premises of the first defendant of the case. The premise is…
This matter deals with Nelida Capizzi as the claimant. The Southern District Reporters, Inc., et all is the respondents. The Workers Compensation Board is the appellant in the case. The case is being heard in the Court of Appeals of New York. This is a workers’ compensation claim that presents…