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…
For the Supreme Court of the State of New York, the prescribed venue of an action is codified at and statutorily authorized by Article 5 of the CPLR. The statutory scheme provides that “notwithstanding the provisions of this article, the place of trial of an action shall be in the…
Defendants argue that Plaintiff fails to allege that Defendants’ conduct was consumer-oriented. Defendants urge that the term consumer-oriented refers only to those who purchase goods and services for personal, family or household use. Injury Disputes that are unique to the parties do not fall within GBL § 349. However, 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…
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…