Queens

Published on: June 23, 2012

Woman Contends High Risk Pregnancy Wasnt Managed Properly

by Stephen Bilkis

The plaintiffs in this case are Angel Hunter, who is an infant and represented by his mother, Lisa Aveta, and Lisa Aveta for herself. The defendants in the case are Richmond University Medical Center, Michael Moretti, M.D. and Marino A. Poliseno, D.O. The case is being heard in the Richmond County Supreme Court.

Case Background

Angel, who is an infant in this case, is represented by her mother Aveta. During her deposition, Aveta said that there were diabetes, deafness, brain tumors, and Down’s syndrome, in her family history. A New York Personal Injury Lawyer said she personally has a history of asthma and seizure disorder. She has also had a gynecological surgery. Aveta has been pregnant 14 times and 9 of those times ended in a spontaneous abortion and one ended in neonatal death. Two of her children, including Angel, have seizure disorder. Aveta also has had deliveries that are premature.

Published on: June 20, 2012

Court Discusses Neglect of Children

by Stephen Bilkis

This is a case of alleged neglect of two children; Kamiyah C. and Janiyah T. both are under the age of eighteen. The respondents of the case and the two people accused of neglecting the children are Amanda T. and Lateek C. The case is being heard in the Family Court of Kings County.

Case Background

A New York Injury Lawyer said the respondent mother, Amanda T. is the mother of both of the children in question. Lateek C., the respondent father, is Kamiyah’s father and is personally responsible for Janiyah. The two children were removed from the home of the respondents on the 30th of January, 2007.

Published on: June 17, 2012

Plaintiffs Medical Malpractice Action Claims Lack of Informed Consent

by Stephen Bilkis

Birth Injury 129

The plaintiffs of the case are Alexander Perez and Invannia Mieses- Perez. The defendants of the case are the University Hospital of Columbia and Cornell, Nicole Rodney, Jack Maidman M.D., Kimberly Mathis M.D., Sharmilee Bansal M.D., and Joshua Holden M.D. The case is being heard in the State of New York Supreme Court.

Case History

Published on: June 15, 2012

Plaintiff Sues for Trip and Fall Due to Sidewalk Defect

by Stephen Bilkis

On 11 October 2006, plaintiff was caused to trip and fallupon a defect in the sidewalk in front of 14 Willow Place, Brooklyn, property owned by defendant.

Plaintiff, together with her husband, has filed a verified complaint against defendant and the City of New York on the ground of the aforesaid trip and fall.

The alleged defect is described as “a raised edge of a sidewalk concrete flag and the raised portion of the flag which was located in the pedestrian portion of the sidewalk located approximately 140 feet south of the south curb of Joralemon Street and approximately 2.5 to 3 feet west of the west curb of Willow Place and next to a large tree situated next to the said curb of Willow Place in front of premises 14 Willow Place, Brooklyn, New York, which sidewalk flag was protruding up approximately 3 inches from the rest of the walk on the date concerned.

Published on: June 12, 2012

Woman Sues for Slip and Fall in Building Lobby

by Stephen Bilkis

A young lady worked in a building along Third Avenue in New York City. One rainy day, she came to the office soaking wet. Her sneakers, raincoat and her umbrella were all soaked. When she got to the lobby of her building, she noticed that the building manger had already put out those yellow signs that warned people that the floor was wet. The building manager also put in square mats on the marble floor of the lobby to make a path for the occupants and visitors to the building to get to the counter of the lobby from the front doors and also from the front doors to the elevators.

A New York Injury Lawyer said the mats were placed on the floor with gaps in between them. The young lady walked on these mats to get to the elevators. As she was walking on the mats, her foot landed on bit of exposed marble floor in between the mats. She had a slip and fall. She stated that when she fell, her hand touched the floor and she did not feel anything wet.

She sued the owner of the building and the building manager for negligence. She alleged that they created a dangerous condition that caused her to slip and fall. She alleged that the mats placed by the building manager caused water to be trapped and to pool in the space between the mats right where the marble floor was very visible.

Published on: June 10, 2012

NY Appellate Court Discusses Liability Issues for Slip and Fall on City Sidewalk

by Stephen Bilkis

The Housing Authority entered into a contract with a general contractor to improve the grounds of a housing projects owned by the City of New York. The general contractor entered into a subcontract with a company that performs concrete work. The grounds of the housing project abutted a sidewalk.

On March 21, 2006 an elderly woman and her husband were walking on the sidewalk around the housing project. The husband was assisted by a healthcare attendant. As they were walking, the elderly woman’s right foot got stuck in a deep indentation in the concrete sidewalk. This hole in the sidewalk caused her to slip and fallon her knees. When the elderly lady got up, she saw the hole for the first time and described it to be about five inches long, ten inches wide and three inches deep.

The woman sued the City of New York and the Housing Authority. These two defendants sued the general contractor and the sub-contractor whose job was to work on the concrete grounds in and around the housing project.

Published on: June 7, 2012

Plaintiff Sues For Slip and Fall in Parking Lot, Defendant’s Summary Judgement Motion Denied by NY Appellate Court

by Stephen Bilkis

One rainy day in December 2007 at around 6am, a woman drove into the parking lot to go and buy breakfast at a deli. It had rained overnight and it was still dark, the parking lot was not brightly lit. The woman got off of her car and started walking toward the brightly lit deli. About four paces away from her car as she was going toward the deli, the woman had a slip and fall on the parking lot. She tried to get up but she was unable to get up because the parking lot was so slippery. Her clothes got thoroughly soaked as she struggled to get up. Luckily someone from inside the deli saw her and ran out to help her.

The premises were owned by a corporation which let it out to the deli and a women’s fitness gym. The woman sued the owner of the premises, the deli and the fitness center.

A New York Injury Lawyer said the women’s fitness center and the deli owner both filed motions for summary judgment asking that the complaint against them be dismissed as they were mere tenants renting the premises. They are not responsible for maintaining the parking lot as this was not in their contract. It was the building owner who was contractually bound to maintain the parking lot.

Published on: June 3, 2012

Plaintiff Contends Emotional Distress in Medical Malpractice Claim

by Stephen Bilkis

A mother and on behalf of her deceased daughter, sued three doctors, two nurses and a hospital for medical malpracticeand for her daughter’s wrongful death. However, the hospital together with one of the doctors and one of the nurses separately move for a decision without a trial to dismiss the claims for emotional distress and lost society, comfort, and affection. The said doctor also seeks dismissal of the mother’s claims for lost support, services, and protection.

In opposition to the medical practitioner’s motions, the mother maintains that her action is closer with the previous court case in which a mother may recover for emotional distress when a child is stillborn due to medical malpractice. Further, a New York Injury Lawyer said the current record raises a factual issue whether the mother’s child was stillborn, since the opponent didn’t show that the child took a breath or had a heartbeat. Based on records, the state’s public health law defines live birth as a product of conception which after separation breathes or shows any other evidence of life such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. The medical practitioners point out, however, that as they failed to make that showing, it was unnecessary, because the mother pleaded another claim on which with that previous court case a mother may not recover for emotional distress when her child is born alive and then dies due to malpractice. Consequently, the mother moved to revise her complaint and bills of particulars to clarify her alternative theories.

The court grants the mother’s motion to revise her complaint and bill of particulars as specified. Further, the court also denies the medical practitioner’s current motion for a decision without trial, without prejudice, as they seek dismissal of her claim for emotional distress.

Published on: May 31, 2012

Medical Malpractice Case Turns on Issue of Whether Child was Stillborn

by Stephen Bilkis

In New York, civil lawsuit policy is dictated through case law that determines what if any compensation that a person is entitled to. In the case of an infant who is stillborn due to medical malpractice, the standard of policy is determined by Broadnax v Gonzalez 2 N.Y. 3d 148, 777 N.Y. S 2d 416, 809 N.E. 2d 645 (2004). It states that a mother may recover damages for emotional distress due to a delivery of an infant who is stillborn, or deceased at birth due to medical malpractice.

However, if that same infant is delivered alive and then dies, then the mother is not eligible to recover damages based on emotional distress. She is able to recover for lost support, services, or protection. She may also recover other pecuniary loss from the medical malpractice death of her child. These guidelines are established in Sheppard-Mobley v King, 4 N.Y.3d 627, 797 N.Y.S. 2d 403, 830 N.E. 2d 301 (2005).

Therefore, for a mother whose child is deceased, in order to file a lawsuit, she must know if the child was actually stillborn, or if the child died after taking a breath. A New York Injury Lawyer said that a single breath is proof that the child was born alive. Air in the baby’s lungs is considered proof that the baby was born alive. However, in a case where these lines are blurred, it can become difficult for a parent to know how to proceed. The case must be filed within a set time period of 90 days from the birth of the child. It can be difficult for a mother who has just lost her child to make decisions of this sort in this time frame.

Published on: May 25, 2012

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

by Stephen Bilkis

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 right hand side of the theater and when she reached the aisle in front of the theater, she turned to her left, walked across the front aisle of the theater and while she was making a left turn to the opposite side of the theater, she slipped and fell and suffered injuries.

Plaintiff’s intention was to sit in the empty seats she observed in the fourth or fifth row of the theater. Her friend, friend’s daughter, and her own daughter were walking ahead of her when she slipped and fell.

Thereafter, plaintiff commenced a slip and fallpersonal injury action against the owner, defendant, of the movie theater where plaintiff slipped and fell on an alleged greasy substance and/or popcorn and candy while she was walking down an aisle close to the movie theater screen.