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New York Personal Injury Attorneys Blog

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Construction Worker’s Motion for Summary Judgment on 240(1) Claim Denied-Question of Fact on Sole Proximate Cause

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…

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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.…

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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…

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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.…

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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,…

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