Articles Posted in Personal Injury

This is a case being heard in the Supreme Court of the State of New York in New York County. The plaintiff is moving for an inquest on damages and the defendant has cross moved for an order that was made on the 13th of February, 2008 to be vacated. The defendant has also requested a renewal and re-argument for an order that was made in this court that denied his request to videotape his deposition and is also moving for recusal of this court.

Court Discussion

The court will first look at the defendant’s request for recusal of this court. This request will be denied for the following reasons. First, it must be noted that this motion is part of a pattern of the defendant to seek recusal of the judge that is presiding over any matter that he is involved with.

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This is a case being heard in the Supreme Court of Kings County. The plaintiff in this case has moved for an order to renew a cross motion for summary judgment and upon that renewal to grant the summary judgment in favor of the plaintiff on the issue of liability against the defendants. The defendants have opposed this instant motion to renew the cross motion.

Background

The plaintiff filed a summons and verified complaint on the 20th of November, 2007 alleging 27 allegations of fact to support a cause of action for legal malpractice by the defendants. The complaint alleges that the defendants are part of a firm that is licensed to practice law in the state of New York and had agreed to represent the plaintiff in a claim for damages for personal injuries that were sustained on the 23 of July, 2003. The defendants allegedly failed to file the necessary law suit papers within the time period required by the statutes. This prevented the plaintiff from being able to recover damages for her alleged injuries.

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The plaintiffs in this case are Riasat Ali and Sudha Lal. The defendants in the matter are Sequins International, Inc., Happy Rock Partners, L.P., Liberty Installation Services, Ltd., and United Interior Resources, Inc. The Supreme Court of the State of New York – Civil Term part 34 in Queens County is hearing this case.

Case Background

The plaintiffs in this case are seeking damages for personal injuries that were allegedly sustained by the plaintiff, Riasat Ali, on the ninth of August, 2009 at around six in the morning. The incident was a trip and fall that occurred on a public sidewalk that is adjacent to a premises located on 31st Avenue in Woodside, New York. The complaint also contains a second cause of action on behalf of Sudha Lal for loss of consortium.

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This is a case being heard in the New York Supreme Court located in Richmond County. The plaintiff in this case is Christina Selvaggio. The defendants in the case are Freedom Avenue Associates, Hunter Ridge Co. and Gateway Arms Realty Corp.

The plaintiff began this action against the defendants to recover damages for injuriesthat she sustained as a result of a trip and fall accident that occurred around the third of June, 2008. The accident occurred on the sidewalk in front of the premises locates at 131 Freedom Avenue in Richmond County.

The defendants have moved for a summary judgment in the matter to dismiss the complaint made against them.

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This case involves Lauren Vazquez, who is an infant under the age of fourteen represented by her natural guardian and mother, Inais Vazquez and Inais Vazquez individually as the plaintiffs. The defendant in the case is the Bellmore Union Free School District. The case is being heard in the Supreme Court of the State of New York in Nassau County.

This action was started by the plaintiffs by filing a complaint and summons on in December of 2007. The complaint alleges that the defendant was negligent when they failed to provide adequate supervision while on a field trip which resulted in Lauren tripping and falling. The defendants have moved for an order to dismiss the complaint awarding a summary judgment in the matter.

Defendant’s Argument

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The plaintiffs in this case are John and Laura White. There are numerous defendants in this case including third party plaintiffs and defendants. The case is being heard in the Supreme Court of the State of New York located in New York County.

The main issue in the case involves the personal injuries that John White allegedly sustained when he stepped on a piece of concrete debris when he was working at a construction site located at 67 Wall Street. Defendants are moving for summary judgment to dismiss the claims made against them.

Undisputed Facts of the Case

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This case deals with the plaintiff Fatmir J versus the defendants Tritec Building Company Inc and 125 Kennedy H. LLC. The Supreme Court of the State of New York in Suffolk County is overseeing this matter. The plaintiff began this action against the defendants seeking to recover damages for injuries that he allegedly sustained in a fall from a ladder on the 18th of July, 2008.

Case Background

According to the testimony of the plaintiff he was directed by his foreman, Marvin Navaro to install insulation on an inside wall and was given a six foot aluminum A-frame ladder to perform the work. The plaintiff states that the company had both six foot and ten foot ladders available and he asked Navaro for one of the ten foot ladders and was told to make due with the six foot ladder.

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The plaintiff in this case is Susan Antenozzi. The defendant of the case is the Village of Spencerport. The case is being heard in the Supreme Court located in Monroe County. The defendant has submitted a motion seeking summary judgment in this case to dismiss the complaint made by the plaintiff in its entirety. The plaintiff’s complaint alleges personal injuries from a trip and fall accident on a tree well cover that was broken.

Case Facts

The plaintiff, Susan Antenozzi, began an action to recover for personal injuries that she sustained from an accident that occurred on the 28th of June, 2008 in the Village of Spencerport, New York. The location of the alleged accident was 129 South Union Street.

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A man testified that his opponents’ pit bull came at him at great speed, jumped on him, and attempted to bite his throat. When the dog started biting him, he thought the worst and something that he would never forget. His clothes were torn apart and bloody. He observed an open, bleeding wound in his abdomen. When the dog bit his abdomen and then his penis, the dog’s teeth sank in and stayed embedded in his pants. The man was stunned by shock at the rapid sequence of events and anxious and in pain due to the bleeding.

He was immediately admitted to the hospital, where he was examined and treated by several physicians and remained overnight, his wounds were cleaned, and he was administered with very strong antibiotics intravenously, rabies injections, and pain medication. He was transported to his home the next day with instructions to continue oral antibiotics and pain medication, and returned for follow-up examination and treatment three days later.

The medical records detailing his emergency condition and treatment were admitted without objection. Photographs of the wound to the man’s abdomen during the first month after the dog’s attack, as well as photographs of the current scars to his abdomen and penis from the dog’s attack, also were admitted without objection.

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When a person decides that they want to file a personal injury lawsuit in New York, they are required to submit proof to the courts that their injury is a severe injury as defined by the requirements of Insurance Law § 5102. That means that they must also show that they meet the requirements of Insurance Law § 5104 as it regards non-economic loss. When the elements of the injury are not in compliance with these codes, then the person will not be allowed to file the suit. A lawsuit in New York, alleging a personal injury may not be filed if the injury is merely an inconvenience. In order for an injury to be determined severe it must render that person unable to work for a substantial amount of time and/or prevent that person from continuing to work in their chosen career field.

The injuries that are defined as serious injuries are spelled out in the law. They are defined as injuries that deprive a person of the use of a limb, or actually results in the amputation of a limb. Some spinal injuries and brain injuries may also qualify as severe. In order for the spine injury or brain injury to be categorized as serious, it must be so pervasive of an injury as to render the person unable to function on a daily basis as they were accustomed to performing. The ability to continue participating in daily activities that they were able to participate in prior to the injury would mean that the injury will not be considered a severe injury under the law.

In October of 2009, a woman was involved in a traffic accident at the intersection of Bellmore Avenue and Sunrise Highway. The accident occurred in Nassau County in the State of New York. At the time of the accident, the police determined that the vehicle that hit hers was at fault in the accident. At the accident scene, the woman left her car, walked around the scene, and was able to drive her vehicle to work after the accident. She later went home and stayed out of work for one day. She started to see a chiropractor following the accident because she claimed that she was having headaches and pain from personal injury that she incurred as a result of the accident. She was x-rayed by the chiropractor and went to see him two to three times a week for several months into the winter of 2010.

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