The elderly victim of the assault was a resident of the West Lawrence Care Center in Rockaway, New York who suffered from osteoporosis, arthritis, and bone marrow disease. Due to her ailments, the victim was bedridden at the time of the assault. As such, she was unable to take care of herself on her own […]
Miscellaneous
Plaintiff Police Officer’s Case Car Accident Case Will Proceed Due to Lumbar Spine Injuries
The New York Supreme Court, Appellate Division, First Department modified a trial court order that granted the defendant’s motion for summary judgment and dismissed a negligence complaint in a car accident case. The First Department dismissed the claim under the 90/180 day rule but allowed the plaintiff to proceed with the “permanent consequential” and “significant” limitations […]
Plaintiff Awarded Damages for Past and Future Wages in Failure to Diagnose Pneumonia Case in Bronx County
The New York Supreme Court, Appellate Division, First Department affirmed a trial court order and jury verdict that awarded the plaintiff $340,000 in future economic losses and $40,000 in past economic losses after the hospital failed to timely treat the plaintiff for pneumonia. On the morning of January 24, 2009, the plaintiff walked into Montefiore Medical […]
NY Landlord Liable for Corroded and Dilapidated Stairs
The New York Supreme Court, Appellate Division, Fourth Department affirmed a trial court’s order denying summary judgment to a landlord sued by his renter after a nasty fall down the stairs. The plaintiff lived in a duplex owned by the defendant landlord. A set of exterior metal stairs at the building led to the front entrance. […]
Department of Education and Hospital Not Liable for Plaintiff’s Stroke
The New York Supreme Court, Appellate Division, First Department affirmed a trial court’s order that granted the Department of Education and hospital’s motion for summary judgment in a combined negligence and medical malpractice case. The plaintiff was an 8-year-old child who attended a public school operated by the Department of Education. While playing on the playground, […]
First Department Affirms Liability Finding for Hit-and-Run Pedestrian Accident
The New York Supreme Court, Appellate Division, First Department affirmed a trial court order that granted partial summary judgment for the plaintiff on liability, holding that the defendant driver was negligent when he hit the pedestrian in the crosswalk. The plaintiff was crossing the street when he was hit by the defendant’s car. Prior to being […]
Glass Door Falls on Construction Worker Because of Broken Hinge; Denial of Summary Judgment for Defendant Affirmed by First Department
The New York Supreme Court, Appellate Division, First Department affirmed a trial court’s order denying summary judgment for two defendants after a glass door fell on the construction worker plaintiff. The plaintiff was working at a construction site in New York City. The site was owned by Prudential, and Pinnacle was managing the project. The […]
Construction Company Held Liable for Falling Brick that Hit Construction Worker
The New York Supreme Court, Appellate Division, First Department reversed a trial court order that denied a construction worker plaintiff’s motion for partial summary judgment regarding a Labor Law 240 (1) claim involving a falling brick. The plaintiff was a construction worker. The defendants were two construction companies working together on a construction project. During a […]
$115,000 Pain and Suffering Verdict Affirmed in Surgical Malpractice Case
The New York Supreme Court, Appellate Division, Fourth Department affirmed a jury verdict that awarded the plaintiff $115,000 in past pain and suffering when a surgical team left a surgical instrument inside of the plaintiff. The plaintiff was undergoing surgery at the defendant hospital at the time of the incident. A team of nurses and […]
Second Department Rules in Favor of Defendant School in Falling Debris Case
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order that denied the defendant’s motion to dismiss in a personal injury case involving falling debris. The plaintiff was a teenage student at Locust Valley High School at the time of the accident. The plaintiff volunteered with the high school’s stage crew. On the […]
Personal Injury Attorney Report: Landowners Have a Duty to Prevent Foreseeable Crimes from Occurring to Guests on Property
The New York Supreme Court, Appellate Division, Second Department reversed a trial court order that denied summary judgment to two landlords of a restaurant whose employees attacked the plaintiff. One day, the plaintiff was walking down the sidewalk of New Utrecht Avenue in Brooklyn, New York. There is a restaurant that spans 6010 and 6012 New […]
Medicare.gov Revamps Ratings System for Nursing Homes
Medicare.gov’s website has a useful tool titled Nursing Home Compare that helps individuals compare information about every Medicare and Medicaid-certified nursing home in the country. Nursing Home Compare includes detailed information about each nursing home, including types of skilled care provided (e.g. intravenous injections or physical therapy), any health and fire-safety inspection issues, staffing information […]
Recent Arrest by Attorney General Schneiderman in Nursing Home Abuse Cases
December was a busy month in the New York State Attorney General’s office when it came to prosecuting New York nursing home abusers, with two arrests made and announced. The Attorney General has both criminal and civil powers to enforce the laws of New York; this post will look at how he has exercised those […]
Court Rules 18 Month Delay in Appointing Administrator Did Not Prejudice Defendants
In March, 2013, the Supreme Court, Nassau County decided that a delay of roughly one and a half years in appointing an Administrator did not prejudice the defendants to the extent that they could not defend a nursing home negligence/malpractice action. Abdul Hasan, the named plaintiff in the complaint, died approximately two months after plaintiffs […]
Diving Board Liability and the Assumption of Risk
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 […]
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 […]
Second Department Overturns Negligent Supervision Case
The Appellate Division, Second Department, in Nelson v Friends of Associated Beth Rivka Sch. for Girls, has held that an emergency room record containing statements made by a preschool student, should have been admitted. This overrules a lower court ruling that the records were not admissible because of doubts regarding the validity of the student’s testimony […]
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. […]
Tips for Choosing the Right Nursing Home for Your Elderly Loved One
Selecting a nursing home for your loved one is a difficult decision. It is not easy to trust someone else or a stranger to meet the needs of your mother, father, spouse, or family member. Here is a list of factors you should consider when picking the right living arrangement and nursing home for your […]
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 […]
Study: Nursing Home Ratings May Inaccurately Reflect Care, Satisfaction
A study recently reported in the NY Times found that consumer satisfaction ratings for nursing homes do not always match up with the ratings given to facilities by their residents and their families. The largest disparity occurred with respect to facilities rated at the highest level (five stars) on Medicare’s Nursing Home Compare website. Although […]
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 […]
