Turley v. City of New York involved a high-speed police chase that resulted in a serious accident, and it has become an important precedent in cases involving police use of force and municipal liability. Background On April 22, 1999, Gary Turley was driving his car in Queens when he was…
Anderson v. Aloe highlights the legal responsibilities of motorists when sharing the road with motorcycles. In this case, the plaintiff, Mr. Anderson, suffered severe injuries when a vehicle driven by the defendant, Ms. Aloe, made an abrupt left turn in front of his motorcycle, causing a collision. The case presents…
Pedestrian accidents can result in severe injuries, and the victim may be entitled to compensation for their damages. The law in New York provides protection to pedestrians, and drivers have a legal obligation to exercise reasonable care to avoid causing harm to them. In Stathis v. Leonardis, the New York…
Weininger v. Hackel deals with the issue of negligence and the duty of care owed by drivers to pedestrians. New York State has a unique set of laws that govern the rights and responsibilities of pedestrians on the roadways. In New York, pedestrians have the right of way in crosswalks,…
In this personal injury case, the defendant disputes that the plaintiff suffered a “serious injury” as defined by § 5102(d) of New York Insurance law. Under New York law, in order for a plaintiff to be able to recover damages based on the negligence of another person or entity, the…
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…