Articles Posted in Suffolk County

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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, Stern was driving a truck owned by Schor & Rosner when he backed into another vehicle, causing that vehicle to collide with the vehicle occupied by plaintiff McCarthy. As a result, plaintiff McCarthy was injured. McCarthy filed a personal injury lawsuit against Schnor & Rosner, and now moves for summary judgement. The court will grant the motion for summary judgment if the plaintiff can show that there is no genuine dispute as to any material fact, and that he is entitled to judgment as a matter of law.

Defendant Stern, the driver of the truck, died before he was served with the summons and complaint. Defendant Schor & Rosner does not deny the allegations in the complaint that Stern was driving the truck that day. However, Schor & Rosner denies knowing any of the specifics of the accident because the driver is no longer available to testify. Schor & Rosner asked the court permission to not be held to as high a standard of proof for this case because they are unable to know the details that led up to the accident. The court points out that following the accident, the company asked for and obtained a statement from the now deceased driver in reference to the circumstances surrounding the accident. In addition, the court contends that the Schor & Rosner is in fact in possession of an affidavit made by the driver and a copy of the accident report. Thus, the defendant does know the details that led up to the accident.

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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 the course of her labor, plaintiff’s attending physician, defendant doctor, prescribed Pitocin to stimulate contractions. The Pitocin was administered intravenously to plaintiff and, as a result, her contractions increased in intensity and frequency. Plaintiff gave birth to a baby boy. The infant was in respiratory distress at birth and died approximately 6 1/2 hours later.

Plaintiff filed a medical malpractice lawsuit against the hospital, as well as against the doctor and nurse who attended to the plaintiff throughout her labor and delivery. The plaintiff seeks recovery for serious personal injuries, physical and emotional pain, disappointment, sadness, anxiety and psychological trauma.

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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 she was 14 years old. Over the years Fabiano and her husband smoked several different brands of cigarettes. Oftentimes Fabiano switched brands to the brand that her husband smoked. She also was concerned about her health, and sometimes opted for brands that were advertised as “lite,” and, therefore, healthier. In addition, Fabiano made multiple attempts to quit, but, because of her addiction, she was note able to until a few year prior to her death. Fabiano died in 2002 from lung cancer.

Fabiano’s daughter and her husband filed a product liability claim against several of the major cigarette manufacturers seeking damages. The defendants seek to dismiss plaintiffs’ claims for fraudulent misrepresentation and negligent misrepresentation. In addition, their claims also include, failure to warn, fraudulent concealment, concerted action, conspiracy, aiding and abetting, defective design, addiction, wrongful death, loss of consortium, and punitive damages.

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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 hospital. Mitchell argues that because the doctors did not perform a c-section delivery, there were negligent, and as a result, her son suffered permanent brain injuries.

Two days prior to her expected delivery date, Mitchell was given a test that showed that her baby’s heartbeat was non-reactive. Mitchell was transferred to a hospital for additional tests and monitoring. Defendant Lograno, Michell’s doctor, discussed options with her and decided to induce a vaginal delivery using Pitocin. Before Lograno left for the evening, he discussed Mitchell’s case with Strittmatter. It was agreed that the baby would be delivered via vaginal delivery. Strittmatter performed the delivery. The baby suffered a number of injuries during the delivery, including brain damage. Mitchell filed a personal injury lawsuit against Lograno, Strittmatter, and the hospital, arguing that as a result of not performing a c-section, her baby suffered serious injuries including a brain damage. Lograno and Strittmatter moved for summary judgement dismissal of the case.

A motion for summary judgment dismal seeks a judgement on all or part of the case in a summary fashion, without the issue or case being fully litigated at trial. In this case the defendants are asking the judge to decide the case in their favor, immediately, without a trial. The legal standard for summary dismissal is that the defendants must show that there are “no genuine issues of material fact” and that they are entitled to judgment as a matter of law. In other words, the defendant must show that based on undisputed facts presented, the defendant must win because the law supports the defendants’ position.

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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 and venues where there is a trend toward becoming more “pet-friendly.”

On January 23, 2006, plaintiff Christian took her two children to defendant pet store, Petco, in order to buy supplies. Defendant Coughlin was also shopping at the same pet store. He had with him his 8-9-month-old Rottweiler puppy that he had adopted from an animal shelter just ten days earlier. The dog exhibited a great disposition and Coughlin was in the process training with the puppy. After coming from the animal shelter, the puppy had contact with children. The puppy had visited the pet store before the incident and had not exhibited any aggressiveness or territorial barking.

On that day at the pet store, plaintiff Christian asked Coughlin if her daughters could pet his puppy. The puppy was on a leash. Coughlin agreed. While Coughlin and Christian chatted, her children patted the dog. Suddenly the Rottweiler lunged and bit one of Christian’s daughters in the mouth causing her injury.

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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, for example, must make reasonable efforts to notify the next of kin.  If someone interferes with the next of kin’s right, then he or she would be entitled to damages from that person or entity that interfered because of the mental suffering caused by the improper handling of the decedent’s remains.

In early January in 2004, the New York City Fire Department EMS found Coto, the brother of the plaintiff. He was rushed to defendant Mary Immaculate Hospital.  When he arrived, he was unable to give hospital staff any information about his next of kin because he was unresponsive.  The next day Coto died.  Hospital staff went through Coto’s possessions but did not find anything other than his clothing and a watch.  They were not immediately able to determine his name or any other information.  Because the hospital was not able to determine the identity of Coto and was unable to notify his next of kin, a nurse from the hospital notified the police department to determine and contact the next of kin.

Meanwhile, following protocol, because Coto died within a day of arriving at the hospital, the hospital notified the medical examiner’s office. Coto was transferred to the medical examiner’s office, and the hospital advised the medical examiner that it was not able to determine Coto’s identify or notify his next of kin.

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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 case are Doctor Chaisurat Suvannavejh, Doctor, Fergal D. Malone, Doctor Michael J. Orfino, Elizabeth Riley, R.N., Susan Zucchero, R.N., and the Lawrence Hospital Center.

Case Background

The plaintiff on behalf of herself and her deceased daughter is suing the defendants for medical malpractice that resulted in the wrongful death of her daughter. A New York Injury Lawyer said the defendants of the case, Suvannavejh, Zucchero, and the Lawrence Hospital Center all separately move for a summary judgment that dismissed the claims made by the mother in regard to emotional distress, and loss of comfort and affection. Additionally, the defendant Suvannavejh seeks for the claim made by the mother in regard to lost support, services, and protection be dismissed.

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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

Lena Bagels operates a corporation and the main place where business occurs is located on Richmond Avenue in Staten Island, New York. The company is authorized by the state to transact business. Lena Bagels was incorporated in 2001. A New York Injury Lawyer said the petitioner, Lena Bagels has been found guilty of selling tobacco products to a minor. The petitioner states that the fine of $3500 is void and requests the renewal of their application for their tobacco license. The petitioner is seeking to annul the recommendation made by Judge Mitchell B. Nisonoff.

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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 Counsel for the Administration of Children’s Services. The attorney for the respondent mother is Michael S. Somma Jr. The Attorney for the children is Fred Allen Wertheimer.

Case Background

The respondent in the case is the mother of Wesley R., Marcos S., and Rosaly S. Before this case the children all lived in Brooklyn with the respondent and Christian A., her husband.

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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.

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