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…
In Reece v. City of N.Y., the court considered the question of what the plaintiff must show to prove that a defendant had sufficient notice of a hazard to be liable for injuries caused by the presence of that hazard. As Reece, the plaintiff, stepped on the curb at the…
Anyone who has been injured in a slip and fallcase on another person’s property is required to demonstrate why they believe that the other person is liable for their injuries in order to win any type of award for damages resulting from that fall. That means that just because 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 slip and fall case, the defendant grocery store moves for summary dismissal, arguing that the plaintiff does not have evidence that its negligent created the hazard that led to the plaintiff’s fall, or had real or constructive notice of it. Plaintiff Richardson was shopping at Waldbaum’s grocery store.…