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…
Articles Posted in Wrongful Death
Appellate Court rejected claim based on employment-related accidental death. Smith v Park, 2020 NY Slip Op 03583 (3d Dept. June 25, 2020)
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,…
Defendant Appeals Punitive Damages Award in Wrongful Death Case, New York Appellate Court Decides
Heroes are born every day. Often the general population does not learn of their achievements. Sometimes they do learn about the hero. Sometimes, the hero does not know that he or she is a hero until the moment arises that changes their lives. In the early 1980’s, a young mother…
New York Appellate Court Discusses Section 50-i of General Municipal Law
The infant claimant, was born on April 10, 1960. On September 30, 1975, while participating in a soccer game between the school he was attending, Tappan Zee High School, and the Pearl River High School Junior Varsit, at the latter school’s field, the claimant allegedly sustained an injury to his…