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Articles Posted in Wrongful Death

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Court considered whether the doctrine of highway defect immunity applied to a wrongful death lawsuit against a municipality. Estate of Fuentes v. Town of Islip, 148 A.D.3d 845 (2d Dep’t 2017)

The Estate of Fuentes v. Town of Islip addresses the issue of the responsibility of municipal corporations to maintain their roadways in a reasonably safe condition for the public. Factual Background The incident in question occurred on February 8, 2007, on Brentwood Road in the Town of Islip. The decedent,…

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Court considered whether the City of New York had a duty to provide additional safety measures beyond those already in place in order to prevent pedestrian accidents. Brown v. City of New York, 945 N.Y.S.2d 390 (2d Dep’t 2012)

Brown v. City of New York is a notable case in the field of municipal liability in New York. The case involved a tragic accident in which a young boy was struck and killed by a car while crossing the street in front of his school. The boy’s family filed…

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Can Medical Malpractice Action Be Filed for Stillborn Child?

Defendant-doctor and his professional corporation (defendant-one) rendered obstetric care to plaintiff-mother during her pregnancy with and birth of her baby. During the course of her pregnancy, she had four ultrasound examinations for which defendant-two rendered ultrasound reports. A New York Injury Lawyer said that based upon the reports and also…

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New York Appellate Court Rules on Wrongful Death Case Involving Asbestos Exposure

The accused moves to dismiss the complainant’s amended objection by reason of the complainant having been added as an accused following the expiration of the law of limitations. For the reasons set forth, the accused person’s motion is granted in part and denied in part. The complainant was diagnosed with…

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Deepwater Horizon Widow Settles Lawsuit

The Deepwater Horizon Oilrig explosion and subsequent oil spill devastated many families, lives, and coastlines. The man made devastation was incalculable. A New York Injury Lawyer has learned that the widow of one of the 20 crewmen that was killed by the explosion has settled her lawsuit with BP. As…

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One Year Later: Oil Companies Remain Shielded by Offshore Liability Limits

The worst oil spill in U.S. history was set off last year by the Deepwater Horizon disaster which claimed 11 men at sea. The tragedy exposed several weaknesses, including severely outdated limited liability laws that have protected the very players who should be claiming responsibility, according to a Brooklyn Personal…

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Driver Sentenced to Prison for Fleeing the Scene of Accidental Run Over

A high school youth was struck and killed on a rainy night by a 20-year-old woman about a year ago. That woman plead guilty to a car accident involving wrongful death and was sentenced to one to five years in prison, the minimum mandatory sentence for a felony charge. The…

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