In their Trial Advocacy feature, Ben Rubinowitz of Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf and Evan Torgan of Torgan & Cooper discuss how implementing oratory tools such as analogies, metaphors, memorable phrases and short stories during a summation can, if properly used, work to help a jury…
New York Personal Injury Attorneys Blog
Medical Malpractice News Roundup
Severe bedsores suffered in Staten Island hospital lead to a debilitating hip infection and $5.4M medical malpractice award (Staten Island Live) New York Juror in medical malpractice lawsuit charged with soliciting bribes (The Clinical Advisor) Injured baby’s parents sue Des Moines hospital (Des Moines Register)
Construction Worker Struck by Falling Truss Granted Summary Judgment on New York Labor Law Section 240(1) Claim
In KARCZ v. KLEWIN BUILDING COMPANY, INC.,et. al., 4th Department, June 10, 2011, The Court affirmed summary judgment for the plaintiff on his 240(1) claim. The plaintiff had lifted a truss overhead onto the aerial platform of a scissor lift. The truss fell on him causing him to suffer injury.…
$8 Million Settlement In Wrongful Death Drunk Driver Case
$8 Million Settlement In Wrongful Death Case In July, 2007 a drunk driver took the life of a 23 year old woman. That woman was the mother of a 4 year old child. That child’s life was forever changed by the reckless and negligent conduct and actions of the drunk…
Connecticut Family Awarded a Record $58 million for Birth Injury
The family was awarded a record $58 million for medical malpractice A Connecticut family received a record medical malpractice award in a lawsuit, after a jury determined that Daniel D’Attilo’s medical problems were preventable. Daniel needs constant care and cannot speak, eat or walk due to these injuries. Last week,…
Medical Malpractice-Hospital Liability
Our Partner Stephen Mackauf will Chair the Seminar Hospital Liability presented by The New York State Trial Lawyers Association on June 21 &22, 2011 to be held at 132 Nassau Street, New York, N.Y. “This program will cover virtually every aspect of medical malpractice cases against hospitals. We begin with…
In New York Construction Accident Court Holds Question of Fact as To Whether Sub-Contractor Statutory Agent
In Nascimento v Bridgehampton Constr. Corp., New York Appellate Division, First Department, June 2, 2011, The Court dealt with the oft presented question as to whether a sub-contractor was a statutory agent of the general contractor for purposes of liability pursuant to New York Labor Law Sections 240(1) and 241(6).…
Plaintiff’s Personal Injury Action in Car Accident Case Dismissed under Emergency Doctrine
In Brannan v Korn, Second Department, May 24, 2011, an action to recover damages for personal injuries, The Court granted defendants’ motion for summary judgment dismissing the complaint based on the emergency doctrine. The plaintiff, while attempting to walk across Ring Road, in Garden City, New York, was struck by…
New York Construction Accidents-Construction Worker Falls From Ladder,Complaint Dismissed
In MALONEY v.J.W. PFEIL & COMPANY, INC.,et al., Appellate Division, 3rd Department, decided May 19, 2011, plaintiff, while standing on the top cap of a six-foot ladder installing sheetrock on an overhead soffit, fell and sustained injury. Plaintiff moved for partial summary judgment on his Labor Law § 240 (1)…
Number of Medical Malpractice Cases on The Decline in Pennsylvania
For the sixth straight year the number of Medical Malpractice cases brought in Pennsylvania dropped. In 2010 163 Medical Malpractice cases were decided by a jury. 133 resulted in defense verdicts. This is a direct result of changes in the law, the goal of which, are to deprive victims of…