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Published on: March 8, 2023

Court found driver liable in a pedestrian accident because he did not exercise due care. Stathis v. Leonardis, 72 N.Y.2d 517 (1988)

by Stephen Bilkis

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 Court of Appeals considered the issue of whether a pedestrian was entitled to compensation for injuries sustained in an accident involving a vehicle. This case is significant as it provides guidance on how courts in New York determine fault and damages in pedestrian accidents.

Background

The plaintiff in the case, Stathis, was a nine-year-old child who was walking home from school when he was hit by a car driven by the defendant, Leonardis. Stathis suffered severe injuries, including a fractured skull and a broken leg. The accident occurred on a busy street in Queens, New York, during rush hour traffic.

Published on: March 6, 2023

Duty of care that drivers owe pedestrians in New York. Weininger v. Hackel, 6 N.Y.2d 67 (1959)

by Stephen Bilkis

Weininger v. Hackel deals with the issue of negligence and the duty of care owed by drivers to pedestrians. New York State has a unique set of laws that govern the rights and responsibilities of pedestrians on the roadways. In New York, pedestrians have the right of way in crosswalks, whether marked or unmarked. Drivers are required to yield to pedestrians in crosswalks and are also prohibited from passing vehicles that have stopped for pedestrians. However, pedestrians also have certain responsibilities, such as using crosswalks when available and obeying traffic signals and signs. Failure to adhere to these rules may result in a citation or legal consequences.

Background

On March 7, 1953, Margaret Weininger was crossing a street in Brooklyn when she was struck by a car driven by Max Hackel. Weininger sustained serious injuries, including a broken leg and a fractured skull, and was permanently disabled as a result of the accident. Weininger sued Hackel for negligence, alleging that he failed to exercise reasonable care and caution while driving and was therefore responsible for her injuries.

Published on: March 1, 2023

Injured worker can sue third party for damages even if workers’ compensation benefits have been paid. Brescia v. G.F. Hämmerle, Inc., 7 N.Y.2d 544 (1960).

by Stephen Bilkis

Brescia v. G.F. Hämmerle, Inc. is an important case because it highlights the rights of injured individuals to pursue damages beyond the scope of workers’ compensation benefits.

New York workers’ compensation is a system designed to provide benefits to employees who are injured or become ill on the job. Under New York law, most employers are required to carry workers’ compensation insurance to cover their employees in case of a workplace injury or illness. The benefits available under New York workers’ compensation include medical treatment, lost wages, and disability benefits.

While workers’ compensation benefits can provide important financial support to injured workers, they are often limited in scope and may not fully compensate an injured worker for their losses. In some cases, injured workers may be entitled to pursue additional compensation through a personal injury lawsuit against a third party who may be responsible for their injuries.

Published on: February 27, 2023

Court Discusses the Importance of Informed Consent and Apparent Authority. Johnson v. New York Methodist Hospital, 69 N.E.3d 1045 (N.Y. 2016)

by Stephen Bilkis

Informed consent and apparent authority are two important legal concepts that are relevant in the healthcare industry. Informed consent refers to the right of patients to receive adequate information about their medical treatment options and to make informed decisions about their care. Apparent authority, on the other hand, refers to the legal doctrine that holds hospitals and other healthcare providers responsible for the actions of their employees or agents, even if those actions were not explicitly authorized.

In Johnson v. New York Methodist Hospital the plaintiff alleged that she did not give informed consent for a medical procedure and that the hospital was liable for the actions of an independent contractor who performed the procedure.

Background