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Articles Posted in Westchester County

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Mother appeals medical malpractice action for birth injury – Bustos v. Lenox Hill Hosp., 2009 NY Slip Op 32464(U) (N.Y. Sup. Ct. 10/19/2009)

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…

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Court determines liability of pet store owner in dog bite case – D.C. v. Petco Animal Supplies Stores, Inc., 2007 NY Slip Op 51413(U) (N.Y. Sup. Ct. 7/16/2007)

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…

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Case Involves Medical Indemnity Fund for Medical Malpractice Case

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…

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Request for Summary Judgment Denied in Medical Malpractice Case – Peterson v. Andrew Garber, M.D., 2007 NY Slip Op 32866(U) (N.Y. Sup. Ct. 9/6/2007)

In this medical malpractice case, the court must decide whether the plaintiff’s expert testimony was sufficient to rebut the defendant’s expert’s testimony which established a prima facie showing supporting the defendant’s motion for summary judgment dismissal. Plaintiff Peterson filed a medical malpractice lawsuit against defendant Dr. Garber. In her claim,…

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Infants Personal Injury Award Paid to Welfare Department

The female complainant was a public charge from the time of her birth and maintained by the County Welfare Department infants’ homes and foster homes. She was married and was removed from the Welfare rolls. A New York Injury Lawyer said in 1955 the complainant was involved in an automobile…

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Court Decides if Insurance Co. Liable in Hospital Mishap

The wife of the complainant went to a Hospital where she had a normal delivery of a child and she remained for five days at which time she and the infant were discharged. The facts further indicate that the child was born with a right congenital hernia. In the best…

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Plaintiff Unable to Prove Negligence in Slip and Fall Case

When a person is injured in a place of business it is important that they notify that place of business immediately and in a timely manner. Failure to notify the management can cause the management to doubt the situation existed. It is also a matter for dispute in court. In…

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Plaintiff Brings Action for Medical Malpractice in Erb’s Palsy Case

A woman’s husband worked for a company whose union established a clinic for its members and their dependents. When the woman got pregnant with her first baby, she went to the union’s clinic. The clinic assigned her to an obstetrician who saw her and took care of her during her…

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Plaintiff Sues for Slip and Fall in Movie Theatre, NY Appellate Court Grants Defendant’s Summary Judgement Motion

On 9 November 2002, between 4:00 and 4:30 P.M., plaintiff walked into the theater to see “Eight Mile” while previews were in progress. She entered the theater with her daughter, a friend, and the friend’s daughter, through the rear door of the theater. They proceeded down the ramp on the…

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