On Tuesday, November 1, 2011, Cardozo Law School will hold a seminar on Opening Statements for more than 100 students as a prerequisite to its Intensive Trial Advocacy Program (ITAP). Featured Speakers at the lecture include Ben Rubinowitz, and Judith Livingston. Both Rubinowitz and Livingston have been recognized as two…
In a New York construction accident case in which a worker suffered injury when he fell from a scaffold The Court rejected the recalcitrant worker defense. In Mazurett v. Rochester City School District, decided by The New York Appellate Division, 4th Department on October 7, 2011, the construction worker sustained…
State Supreme Court rules Richland woman can proceed in negligence case (Tri-City Herald, WA) HARALAMPOPOULOS v. KELLY(Court of Appeals of Colorado) West Virginian jury awards $4.2 million in medical malpractice verdict (The Record, WV) University of Iowa Hospitals and Clinics and the state of Iowa settled two lawsuits recently totaling…
In Schick v. 200 Blydenburgh, LLC, et al., 2d Department decided October 4, 2011, the plaintiff sustained injury when he fell from a ladder on which he was standing. The Court set forth the facts as follows; “On March 9, 2007, the date of the subject accident, Pal Supply had…
In Delaney v. Town Sports International, doing business as New York Sports Club, et al., 2d Department decided on October 4, 2011, the Court was with faced with the age old question of trivial or de minimis defects. The plaintiff suffered injury as a result of falling over a moveable…
Please note that for those of you handling New York City Elevator Accidents the old system of Local Law 10/81 inspections and two year tests ended on January 1, 2009. The new rule published on April 14, 2010 requires the following inspections and test cycle: “(5) Inspection and test cycle.…
$10 million lawsuit filed over well drilling explosion death (Knoxville News Sentinel, TN) Alleged DUI driver held in fatal Fremont crash (S.F. Chronicle) Former Football Player’s Family Files Suit (The Post and Courier – Charleston, SC) Injuries linked to circumcision clamps (L.A. Times) Jones Act suit claims heavy lifting caused…
United Airlines Settles Last 9/11 Wrongful-Death Lawsuit (New York Times, NY) ‘Enchantment of the Sea’ Cruise Ship Passenger Alleges Injury From Falling Piece of Shower (U.S. Dist. Ct., SD FL) Castroville Man Guilty in DUI Accident that Injured His Dad (KION, CA) Court Rules For University of Nebraska Medical Center…
The New York Appellate Division, Second Department, has, once again, ruled that the scope of a Frye hearing regarding a plaintiff’s theory of causation in a medical malpractice action is limited only to whether or not the expert’s opinion is based on generally accepted scientific principles, as opposed to the…
In a rather unusual case, the New York Appellate Division, Second Department held that there are limits to how far a defendant can go in examining a medical malpractice plaintiff during an Independent Medical Examination in New York. In the case D’Adamo v Saint Dominic’s Home decided on September 13,…