Our partner Ben Rubinowitz successfully resolved a claim against the New York City Transit Authority for $4 million. At the time of the accident, a young woman was crossing a New York City street when she was struck by a bus driven by a N.Y.C.T.A. employee. The defense claimed the…
Articles Posted in Auto Accidents
The Reckless Disregard Standard Of Care In New York Vehicle &Traffic Law Section 1104(e)
The Court of Appeals on February 17, 2011, in a 4 to 3 decision has just written an extremely interesting and important opinion (Kabir v. County of Monroe) regarding New York Vehicle & Traffic Law, Section 1104(e). The Court held that the reckless disregard standard of care in V &…
Pennsylvania crash victim’s parents sue PennDOT
Jeffrey and Diana Acre have filed a wrongful death lawsuit against the Pennsylvania Department of Transportation over the 2009 death of their daughter. They allege that PennDOT’s poor design and maintenance of Route 366 in New Kensington was a contributing factor in the death of 16-year-old Kylee Jo. In the…
Justices hear arguments in $43 million Ford liability case
Ford pleaded with the Illinois Supreme Court Justices last week in hope that they’d overturn the $43 million Madison County verdict awarded to Dora Mae Jablonski in 2005, as reported in The Madison Record. Jablonski’s husband, John Jablonski, died after the fuel tank in their 1993 Lincoln Town Car exploded…
New York City Transit Authority Bus Strikes Woman-$27,500,000 Verdict
The following is an extract from a report in The National Edition of Verdict Search, Vol. 8 Issue 6, June 2009. Our Partner, Ben B. Rubinowitz represented the plaintiffs, Gloria Aguilar and Aristides Aguilar. On Nov. 4, 2005, plaintiff Gloria Aguilar, 45, a homemaker and part-time housecleaner, was struck by…
New York City Bus Accident-$27,500,000.00 Verdict
Following a six week trial in New York Supreme Court before Judge Paul Feinman, our Partner, Ben B. Rubinowitz obtained a jury verdict of $27,500,000.00. The plaintiff, Gloria Aguilar, was a 45 year old woman, returning from work. As she was crossing 50th St at 10th Ave, a New York…
NEW YORK AUTOMOBILE ACCIDENTS
In Tirado V. Elrac Inc., U-Haul Co., Inc. decided August 5, 2008, The First Department reversed the order of the Supreme Court granting U-Haul’s motion for summary judgment and granted plaintiffs cross motion to amend his Complaint and held the amendment related back to the original date of filing of…
NEW YORK AUTOMOBILE ACCIDENTS, THE EMERGENCY DOCTRINE
In Koenig v. Lee, Decided on July 15, 2008, The 2d. Department dismissed plaintiff’s complaint for personal injuries suffered in an Automobile Accident based on the Emergency Doctrine. The facts set forth by The Court were as follows; “Here, the evidence submitted by the appellants in support of their motion…
New York Automobile Accidents – Insurance Issues
Uninsured Motorist Coverage/Supplemental Underinsured Motorist Coverage A. When and How It Applies: 1. Uninsured Motorist Coverage (UM) – Insurance Law Section 3420(f)(1) – is mandatory in New York State which makes certain that the minimum bodily insurance coverage mandated by law is available to those involved in an accident with…