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This post discusses a personal injury concept that, while at times confusing, often plays an integral role in determining liability: assumption of risk. Assumption of risk is a defense in a personal injury action in which a defendant claims that the plaintiff voluntarily undertook an activity with the knowledge that there is an inherent danger […]
Miscellaneous
New Trial Ordered in Brooklyn Car Accident Case After Jury Verdict Sheet Deemed Unclear
In Ki Tak Song v Oizumit the Appellate Division, Second Department reversed a jury verdict for the defendants and ordered a new trial after it found that the jury was confused when filling out its verdict sheet. The Plaintiff, Ki Tak Song, was suing the plaintiffs Yoko Oizumi and Daniel Oizumi for personal injuries he […]
Appellate Department Upholds Right of Plaintiff to Impeach Doctor Based Upon 1099 Records
In Dominicci v Ford, an appeal to the Appellate Division, Fourth Department from a July 3, 2014 decision by the Supreme Court of Monroe County, the appellate court affirmed the lower courts decision to deny a request from State Farm Automobile Insurance Company to quash a subpoena for records belonging to a doctor working for […]
The Perils of Volunteerism – A Nursing Home Case Example
In Chahalis v. Sunrise Senior Living Management, Inc., the plaintiff, Ms. Chahalis, was visiting a bedridden relative residing at the nursing home owned and operated by the defendant. During this visit, Ms. Chahalis observed that her relative appeared to be in pain so she tried to summon a nurse. When she found one, the employee accompanied Ms. […]
Nassau County Nursing Home Cited for 19 Deficiencies
Parkview Care and Rehabilitation Center, a nursing home in Massapequa, Long Island, was cited in an April Department of Health certification survey for nineteen deficiencies. The most serious of these deficiencies resulted in “actual harm” to a resident. A finding of actual harm is the second most serious level of severity that the DOH assesses […]
NY Woman Injured after Hair Becomes Trapped in Escalator Stairs
A 32-year-old woman suffered serious injuries after her hair become trapped between escalator stairs on July 3, 2013. The woman, who suffers from epilepsy, suddenly lost consciousness while riding an escalator at a subway station at 125th Street and Broadway in Harlem, New York. After her head hit the steps, the escalator kept moving, trapping the […]
Repairman Charged with Felony Assault after Woman Seriously Injured in Brooklyn Elevator Accident
A Brooklyn grand jury indicted Jason Jordan, an elevator maintenance man, on felony assault and reckless endangerment charges in December 2011 for allegedly causing an elevator accident that severely injured a woman’s arm and leg. In addition to causing the accident, prosecutors accused Jordan of fleeing the accident scene “without saying a word or offering help” to the victim. […]
Five Men Wrongfully Convicted in Central Park Jogger Attack to Receive $41 Million Legal Settlement
New York City Controller Scott Stringer approved a $41 million legal settlement in June 2014 for five men who were wrongfully convicted and imprisoned for beating and raping a woman jogging in Central Park in 1989. Stringer stated that “this settlement is a prudent and equitable solution for all parties to the lawsuit and closes a very […]
Settlement of Class Action Lawsuit Forces NYC to Repair Elevators Used by Disabled Tenants
A class action lawsuit settled in September 2012 forced the New York City Housing Authority (NYCHA), a governmental agency that provides housing to low-income tenants, to repair malfunctioning and broken elevators used by disabled residents. The NYCHA operates more than 2,600 buildings throughout the city and is responsible for maintain 3,300 elevators. The class action lawsuit, which was […]
Toddler Suffers Injured Hand in NYC Escalator Accident
A 21-month-old boy was injured during an escalator accident in February 2013 at a Barnes & Noble bookstore on the Upper West Side. The toddler was going down the escalator with his nanny when his hand became trapped between two steps after he tripped and fell. A store employee stated that the escalator shut off automatically, and […]
Suffolk County Agrees to $200K Legal Settlement for Video Journalist Who Was Wrongfully Arrested
Members of the Suffolk County Legislature approved a $200,000 legal settlement in June 2014 after a video journalist filed a lawsuit that claimed he was wrongfully arrested for recording police activity in a public area. The settlement also states that all members of the Suffolk County Police Department (SCPD) must be trained and tested about the public’s First Amendment […]
Eight Victims of Giants Stadium Escalator Accident Reach Undisclosed Financial Settlement with Maintenance Company
While attending a football game at Giants Stadium in December 2007, eight people were seriously injured after an escalator they were riding suddenly malfunctioned. After filing a lawsuit against Schindler, the company in charge of maintaining the escalator, the case was finally brought to trial in January 2012. However, after only one day in the court room, […]
Mother Files $25 Million Lawsuit after Mentally Ill Son Dies in Custody at Rikers Island
Alma Murdough, whose 56-year-old mentally ill son died while in custody at Rikers Island, filed a $25 million lawsuit in April 2014 against New York City. The suit claims that employees at Rikers Island were careless and negligent after they failed to check up on Murdough’s son, whose cell reached a temperature of 101 degrees. According to […]
Elderly Residents of Brooklyn Assisted-Living Facility File Lawsuit to Prevent Closure
Seven elderly residents of the Prospect Park Residence, a 120-bed assisted-living facility in Brooklyn, New York, filed a lawsuit in May 2014 to prevent the facility from shutting its doors in June 2014. The lawsuit, filed in State Supreme Court in Brooklyn, is seeking a preliminary injunction and a temporary restraining order to delay the […]
Attorney General: NYPD’s Stop and Frisk Policy Has Conviction Rate of Three Percent
According to a November 2013 report released by the New York State Attorney General’s office, only three percent of people arrested as a result of stop and frisk pled guilty or were convicted of a crime. The study, titled “A Report on Arrests Arising from the New York City Police Department’s Stop-and-Frisk Policies,” analyzed stop […]
Syracuse Nursing home with Long History of Substandard Care to be Converted into Apartments
Rosewood Heights, a Syracuse nursing home that houses 242 beds in a six story building, is slated to be shut down and converted into an apartment building in 2014. In March 2012, the nursing home was placed on the Centers for Medicare and Medicaid Service’s (CMS) Special Focus Facility (SFF) list for providing poor care […]
NJ Jury Awards Man $8 Million for Elevator Accident
A New Jersey jury awarded a Sussex County man in February 2014 $8 million for an elevator accident that occurred in Morristown in 2005. According to court documents, Richard Tufaro of Branchville, who was 48 at the time of the accident, was working as a carpenter on a remodeling project in the lobby of Headquarters […]
Four Workers from Long Island Group Home Arrested for Forcing Developmentally Disabled Residents to Fight Each Other
Four workers from the Independent Group Home Living facility in Hampton Bays, New York were arrested in February 2014 for allegedly forcing and encouraging two developmentally disabled adults to fight each other. One of the workers recorded the incident with a cellphone, which shows the two disabled men fighting as workers encourage them and laugh […]
Former Nurse Aide of Rochester Nursing Home Accused of Posting Video of Patient Being Abused on Facebook
A former nurse aid at the St. Anne’s Home in Rochester, New York was arrested and charged in July 2013 for allegedly posting a video on Facebook of a resident being harassed. If convicted, the former aide, Ericha Brown, 23, faces up to one year in prison. According to Attorney General Eric T. Schneiderman, Brown […]
Second Department Reverses Summary Judgment in Nassau County Car Accident Case
Last week, the Supreme Court Appellate Division, Second Department reversed a Nassau County Supreme Court finding of summary judgment for a defendant driver in an accident involving a pedestrian. The appellate Court found that the defendant had not established a baseline prima facie case for entitlement to summary judgment, rendering the plaintiff’s opposition to the […]
First Department Rules Defendant Failed to Meet Burden for Summary Judgment in Bronx Slip and Fall
Earlier this week the Supreme Court Appellate Division, First Department ruled that the defendant had not met its prima facie burden for an award of summary judgment in a Bronx slip and fall case. The fall occurred at the Bronx Zoo, where the plaintiff allegedly slipped on a patch of ice outside a restaurant within […]
Proposed Bronx Group Home Hits Snag
The development of a proposed group home for mentally disabled senior citizens in the Bronx hit a set-back this week when one of the potential investors pulled out of the project. The developer had been slated to operate many of the apartments in the group home. Its decision not to move forward with the project […]
Driver Facing Numerous Charges after Brooklyn Car Accident
The driver responsible for a multi-car accident in Brooklyn that injured several people will face a variety of charges, according to ABC News. The accident occurred as the driver was attempting to evade police early Wednesday morning. The police car that had been chasing the suspect was also involved in the crash, as was another […]
First Department Upholds Damages, Reduces Past Medical Expenses in New York Slip and Fall Case
On August 20, the Supreme Court Appellate Division, First Department upheld a jury verdict of over $700,000 in a New York slip and fall case. The defendants had appealed the amount of the damages. Although the Court did uphold the jury’s award for past and future pain and suffering, it did reduce the award for […]
Plaintiff Granted Partial Summary Judgment in New York Labor Law Claim
Partial summary judgment was granted for the plaintiff in an April labor law suit in Manhattan. The plaintiff’s husband had been working on a lift fixing the ceiling of the defendant property owner when he fell to his death. The First Department granted the plaintiff summary judgment on her Labor Law 240 claim. Pursuant to […]
