The issue in this case is whether a defendant in a truck accident personal injury case can escape summary judgement after the death of the co-defendant whose actions were the direct cause of the plaintiff’s injuries. Defendant Stern was an employee of defendant Schor & Rosner. On October 31, 1958,…
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…
The issue in this medical malpractice claim based on the death of an infant during childbirth is whether the mother must suffer a physical injury in order to sustain a claim for emotional distress. In March 1983, plaintiff was admitted to the labor and delivery unit of defendant hospital. During…
In Fabiano v. Philip Morris Inc., the court is presented with the issue of the circumstances under which false and misleading advertising of cigarettes by multiple manufacturers can be the basis for recovery in a product liability claim. The decedent, Fabiano, smoked cigarettes for over 40 years, starting in 1956…
This medical malpractice action arises out of the labor and delivery of plaintiff Bustos’ son. Due to the large size of her baby, Bustos suffered a fractured pelvis bone during the vaginal delivery. Bustos filed a medical malpractice claim against her doctor, asserting that he departed from good and accepted…
Plaintiffs include several members of the Scott family, including 19 children, who resided at the Brooklyn Arms Hotel which is owned by defendant Fields. The Hotel was leased to Merco. In 1981 the plaintiffs were homeless. The City of New York placed them in the hotel. The plaintiffs claim that…
When a doctor fails to perform a c-section delivery when warranted, there is a risk that the mother or baby will suffer serious birth injuries, including permanent injuries to the brain. Plaintiff Mitchell filed a medical malpractice lawsuit on behalf of her infant son against defendants Lograno, Strittmatter, and the…
In this slip and fall case, the issue is whether an airline caused the hazardous condition or had notice of the hazardous condition that led to the plaintiff’s injuries. Plaintiff Guntur was scheduled to fly from Logan Airport in Boston to New York. While she was in the restroom, her…
In D.C. v. Petco Animal Supplies Stores, the court determines the liability of a pet store owner in a case where a customer’s pet dog bites a child in the store. This case may impact not only pet stores where customer pets are routinely permitted, but other types of stores…
In this birth injury medical malpractice case, the defendant moves for summary judgment, arguing that he did not deviate from accepted medical standards in his care and treatment of a pregnant woman by delaying performing a cesarean section delivery despite evidence that the baby was in distress. Plaintiff McLaughlin filed…