In THOME v. BENCHMARK MAIN TRANSIT ASSOCIATES, LLC, 4th Dept. July 8, 2011, 2011 N.Y. Slip 5884, The Court denied the plaintiff construction worker’s motion for summary judgment. Plaintiff was standing on a scissor lift and, when he repositioned the scissor lift to perform his work, one of its wheels…
New York Personal Injury Attorneys Blog
New York Personal Injury News Roudup
Fatal car accident in Fort Greene after a driver that police say was drunk hit a women’s car early Sunday. New York Litigation Against Toyota Begins Crash in upstate NY leaves Finger Lakes chef dead 4 Die and 2 Are Injured as Motor Boat Crashes in Hudson Upstate New York…
Use Of The Principles Of Safety Design Engineering In a New York Personal Injury Case Based On Negligent Product Design
By; Anthony Gair, In personal injury cases predicated upon the negligent design of a product,(product liability cases), such as almost any type of machine which is to be used by people of varying training and skill it is imperative for the plaintiff’s attorney to understand the basics of machine design.…
Defendants’ Verdict Against Construction Worker Reversed Summary Judgment Granted For Plaintiff on Section 240(1) Cause Of Action
In Losito v Manlyn Dev. Group, Inc., 2011 NY Slip Op 05463, Second Department, June 21, 2011, the plaintiff was required to jump through some hoops but finally prevailed on his cause of action claiming a violation of Section 240(1) of The New York Labor Law. On January 16, 2009…
Good as Gold: Using Analogies and Short Stories in Summation
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…
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…