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,…
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…
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 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 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,…
This case is being heard in the Bronx County Supreme Court in the state of New York. The case involves the deceased infant, Kayla Kesse Madison Charles. The plaintiffs are the administrix of the estate of the deceased infant, Dionne Charles and Dionne Charles on her own. The defendants in…
The petitioner for this case is Lena Bagels, Inc. The respondent of the case is The City of New York and the New York City Department of Consumer Affairs. The case is being heard in the New York Supreme Court. The judge overseeing the case is Philip G. Minardo. Case…
The respondent for the case is Ivelisse T. This case concerns the alleged abuse and neglect of two children under the age of eighteen, Rosaly S. Marcos S, and Wesley R. The case is being heard in the Kings County Family Court. Daniel Fraidstern, Esq., is the Special Assistant Corporation…
Birth Injury 126 The plaintiffs of this particular case are Miles Mendez, who is an infant, who is represented by his natural guardian and mother, Melina Mendez, and Melina Mendez individually. The defendant of the case is the New York and Presbyterian Hospital. Case Facts The plaintiffs in the case…