In a birth injury case, the court examines whether the actions of a volunteer midwife fall under the “Good Samaritan” rule, and as a result, the defendant should be granted summary judgement. The plaintiff Lacy, who was carrying twins, opted for a home birth instead of giving birth at a…
Plaintiff Dolnick filed a personal injury lawsuit against defendant bookstore Borders Group for an injury suffered by his father at the Borders location in Columbus Circle. The defendant moved for summary judgement to dismiss the case because the victim had passed away, and the plaintiff had not witnessed the accident.…
In this case the court considers whether a hospital’s failure to notify the next of kin can be the basis for a personal injury lawsuit for emotional distress. Under New York law a decedent’s next-of-kin has the right to “immediate” possession of the decedent’s body. This means that a hospital,…
In a medical malpractice claim, both the plaintiff and the defendants moved for a Frye hearing regarding the anticipated testimony of the expert witnesses. In the alternative, the defendants ask the court to dismiss the plaintiff’s action, and the plaintiffs ask the court to preclude the testimony of the defendants’…
This case is being heard in the Supreme Court of the State of New York in New York County. The case involves the matter of an Application of MVAIC to vacate an Arbitration Award. MVAIC is the petitioner of the case. The respondents in the case are Geico Insurance Company,…
Cases of personal injury involve certain subtleties of the law that must be met in order for the complainant to have a case against the building or facility where the injury occurred. First of all, there must be an injury. A New York Injury Lawyer said if a complainant files…
On September 19, 1974, at 11:30 in the evening, a 41 year-old woman was admitted into the maternity ward at the hospital where she worked as a board certified physician, to deliver her second child. A New York Injury Lawyer said the woman was monitored upon her arrival by a…
On 1 January 2006 at approximately 5:30 pm at the defendant’s home, a slip and fallaccident on a stairs has occurred. Thus, a personal injury action arose. The plaintiff is the father of the defendant and on the date of the incident the plaintiff was watching the defendants’ children. Motion…
In 1980, plaintiff had a copper 7 (CU-7) IUD inserted into her uterus by a physician who is not a party to the action. In January 1982, plaintiff came under the care of defendant Medical Group (“Medical Group”). Later that year, plaintiff and her husband decided to have the IUD…
On April 30, 2007 at about 9:15 in the evening, a woman was doing her grocery shopping at the market located at 1050 Willis Avenue, Albertson, New York. She was browsing the fruit and vegetables in the produce section when the vegetable misting machine came on. The misting units were…