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Non-profit organizations regularly hold functions for members and patrons. People attending such events typically expect them to be safe. Unfortunately, though, it is not uncommon for incidents to occur during non-profit social events, and in many instances, they are the result of negligence. While there are laws that protect non-profit organizations from liability, they only apply in certain circumstances, as explained in a recent New York opinion. If you were injured in an accident brought about by another person’s negligence, it would benefit you to meet with a Syracuse personal injury lawyer to evaluate your options for seeking damages.

Factual Background and Procedural History

It is alleged that the plaintiff attended a summit organized by the defendant academy at the defendant church. During the event, one man threw a bag to another; the man catching the bag fell backward into the plaintiff, causing him to fall and sustain injuries. The plaintiff and his wife filed a lawsuit seeking damages against various defendants, including the president of the defendant academy and the defendant church.

Reportedly, the president of the defendant academy moved for summary judgment, claiming immunity under Not-for-Profit Corporation Law § 720-a. The defendant church also moved for summary judgment, arguing it couldn’t be held liable for the actions of the two men as they were unforeseeable and spontaneous. The plaintiffs also sought partial summary judgment on liability against the man who fell into him and dismissal of the defendants’ affirmative defenses. Additionally, the defendant church and the defendant man requested bifurcation of the trial into liability and damages phases. Continue Reading ›

Doctors have an obligation to not only provide their patients with competent care but also to advise them of their treatment options and the potential benefits and disadvantages of each choice. If a doctor fails to adequately inform a patient of the risks of a procedure and the patient subsequently suffers harm, the doctor can be held accountable, even if the patient’s injuries are due to a known danger. As discussed in a recent New York ruling issued in a lack of informed consent case, however, the injured party must present certain evidence to prevail in a civil action against the provider. If you sustained losses due to the incompetence of a healthcare provider, you should speak to a Syracuse medical malpractice lawyer about what claims you may be able to pursue.

Case Setting

The plaintiff, along with her husband, commenced a legal action to seek damages for medical malpractice and lack of informed consent against the defendant, a physician, and the defendant’s employer. They alleged that the defendant caused serious injuries to the injured plaintiff during a physical examination in June 2015, claiming that the examination was aggressive, forceful, and negligent. Additionally, they asserted that the defendant failed to obtain informed consent for the examination. The defendants moved for summary judgment to dismiss the complaint, which the trial court granted. The plaintiffs then appealed the decision.

Evidence Sufficient to Demonstrate Lack of Informed Consent

On appeal, when considering the defendants’ motion for summary judgment on the medical malpractice cause of action, the court highlighted the necessity for the defendants to establish prima facie that there was no departure from the standard of care or that any deviation did not cause the plaintiff’s injuries. Continue Reading ›

Careless driving not only causes collisions between vehicles but can cause crashes involving pedestrians as well. The injuries brought about by a car hitting a person can be significant, especially if the person is a minor. It follows, then, that as demonstrated in a recent New York ruling in which the court evaluated a jury’s verdict, the damages awarded in cases arising out of such crashes can be substantial. If you or your child were hurt in a car crash, you should speak to a Syracuse personal injury lawyer about your rights.

Background of the Case

It is alleged that when the minor plaintiff was crossing a crosswalk, she was struck by a truck owned by the defendant bakery and driven by the defendant’s employee. The minor plaintiff’s mother filed a lawsuit on behalf of the minor plaintiff and herself, alleging injuries stemming from the incident. Following a jury trial, both the minor plaintiff and the defendant’s employee were deemed negligent, but the minor plaintiff’s negligence was not considered a substantial factor in bringing about the collision.

It is reported that the evidence presented at trial highlighted the minor plaintiff’s severe injuries, including skull fractures and brain bleeding. Expert testimonies diverged on the minor plaintiff’s diagnosis, however, with one recommending surgery for facial asymmetry arguing such surgery was not necessary. The jury awarded the minor plaintiff $280,000 for past pain and suffering, $2,000,000 for future pain and suffering, and $200,250 for future medical costs. The defendants then moved to set aside the verdict, arguing it was excessive. Continue Reading ›

In many rear-end collisions, the second driver is at fault. In some instances, though, the first driver’s actions contribute to the crash as well. As demonstrated in a recent New York case, in such instances, the first driver bears the burden of proving they should not be deemed liable, and if they cannot, the claims against them will proceed to trial. If you suffered injuries in a collision,  it is in your best interest to talk to a Syracuse personal injury attorney concerning what compensation you may be able to recover.

Factual and Procedural Setting

It is alleged that the plaintiff was a passenger in a vehicle driven by the defendant driver, when the defendant driver’s vehicle was struck in the year by a taxi driven by the defendant taxi operator and owned by the defendant taxi company. The plaintiff sustained injuries in the crash; as such, he filed a lawsuit against the defendants, seeking damages for his personal injuries. The defendant driver moved for summary judgment to dismiss the complaint and all cross-claims against him, arguing that he was not at fault for the accident. The trial court granted the defendant driver’s motion, dismissing the plaintiff’s complaint. The plaintiff appealed.

Liability for Rear-End Collisions

The appellate court reviewed the case, emphasizing that a defendant moving for summary judgment in a negligence action must establish prima facie that they were not at fault in the accident. The defendant driver, in support of his motion, provided an affidavit stating that his vehicle had been stopped for approximately one minute due to traffic conditions when it was struck from the rear by the vehicle driven by the defendant taxi operator. The court noted that this evidence demonstrated prima facie that the defendant driver was not at fault. Continue Reading ›

It is not uncommon for people who suffer fractures to undergo care with multiple providers; if they subsequently suffer complications, each provider may ultimately be deemed responsible for their losses. Whether a medical malpractice case involves one or many defendants, though, the plaintiff must establish a deviation from the accepted standard of care and show that such a departure caused their harm in order to recover damages. Recently, in a New York ruling delivered in a medical malpractice case, the court clarified what evidence is needed to demonstrate a breach of the standard of care. If you sustained damages because of the negligence of a doctor, it is smart to meet with a Syracuse medical malpractice attorney to evaluate your options.

The Plaintiff’s Injuries and Claims

It is alleged that the plaintiff fractured her left wrist in January 2018. The fracture was treated by the first defendant, an orthopedic surgeon, through a closed reduction. Subsequent X-rays showed mild displacement, and the plaintiff was discharged with instructions to follow up. Over the following weeks, the plaintiff experienced increasing symptoms, leading to a diagnosis of complex regional pain syndrome by the second defendant, another orthopedic surgeon.

It is reported that in July 2019, the plaintiff commenced a medical malpractice case against the defendants, along with an orthopedic surgeon and physician assistant. The lawsuit alleged failure to obtain informed consent, negligence, and medical malpractice. The defendants moved for summary judgment; the court denied their motion, and they appealed. Continue Reading ›

The majority of car accidents occur due to careless driving. In many cases arising out of collisions, though, the parties dispute whose negligent operation of a vehicle actually caused the crash. In such instances, the courts typically will not order judgment as a matter of law in one party’s favor, as demonstrated in a recent New York case. If you were involved in a harmful collision, it is advisable to talk to a Syracuse personal injury attorney about what damages you may be owed.

Facts and Procedure of the Case

It is reported that the plaintiff was driving a sedan on an expressway when his vehicle was allegedly struck from behind by an 18-wheel tractor-trailer owned by the defendant owner and driven by the defendant driver. The plaintiff filed a lawsuit alleging the defendants negligently owned and operated the tractor-trailer. The defendants then removed the case to federal court based on diversity jurisdiction.

Allegedly, during discovery, the parties presented conflicting versions of events. Both parties provided diverging deposition testimonies, with the plaintiff asserting he was rear-ended and the defendant contending that the plaintiff side-swiped the truck while changing lanes. When discovery closed, the defendant moved for summary judgment. Continue Reading ›

In any medical malpractice matter, the plaintiff must show not only that the defendant failed to abide by the prevailing standard of care but also that the defendant’s deviation from the standard of care proximately caused the plaintiff to suffer harm. If the plaintiff does not meet this burden, their claims may be dismissed, as demonstrated in a recent New York ruling. If you were injured due to a doctor’s neglect, it is in your best interest to confer with a Syracuse medical malpractice attorney to discuss your options.

History of the Case

It is reported that the first defendants, a physician assistant, and a physician, respectively, attended to the plaintiff’s left leg pain during his emergency room visit at the defendant medical center. The plaintiff received subsequent treatment from the second defendants, vascular surgeons, and their medical practice, for the plaintiff’s lower left leg vascular disease at the hospital.

Allegedly, the plaintiff initiated a legal action seeking damages for medical malpractice from the defendants, alleging that they failed to timely diagnose and treat a thrombosed popliteal artery, ultimately resulting in an above-the-knee amputation. Both sets of defendants separately moved for summary judgment to dismiss the complaint. The trial court rejected the defendants’ arguments and denied the motions. The defendants appealed. Continue Reading ›

In many collisions, the negligence of multiple drivers will combine to set off a chain of events that ultimately cause the crash. Simply because a car accident involves multiple drivers does not mean that they are all at fault, however, as discussed in a recent New York ruling. If you were injured in a car accident, you may be owed compensation, and it is smart to meet with a Syracuse personal injury attorney to determine what claims you may be able to pursue.

Facts and Procedural History

It is alleged that the plaintiff sitting in the front seat of a vehicle driven by the defendant driver one and owned by the defendant owner when it collided with another vehicle operated by the defendant driver two at the intersection of North Delaware Avenue and East Hoffman Avenue in Lindenhurst. The plaintiff commenced an action against the defendants to recover damages for personal injuries resulting from the collision. Defendant driver one and defendant owner moved for summary judgment. The trial court granted the motion, and the plaintiff appealed.

Establishing Liability in Car Accident Cases

On appeal, the court affirmed the trial court ruling. In doing so, it explained that in New York, a violation of a traffic law constitutes negligence as a matter of law. This law mandates that a driver approaching a stop sign must stop and yield the right of way to any vehicle within or approaching the intersection. Continue Reading ›

Home health care aides are expected to ensure that the people they assist are safe an well taken care of; unfortunately, however, they do not always possess the skills and training needed to do so, and falls and other harmful incidents often occur in their presence. While companies and individuals that provide home health care may offer medical services, merely because their negligence causes an injury does not mean that they will be liable for medical malpractice, as discussed in a recent New York case. If you were hurt in a fall, it is prudent to confer with a Syracuse personal injury attorney about your rights.

Facts and Procedure of the Case

It is reported that the plaintiff, the decedent’s son, entered into a contract with the defendant home health care company (Company) in June 2017 for home healthcare services for the decedent. The plaintiff, along with his girlfriend, left the decedent in the care of the defendant home health aide (Aide) on June 11, 2017. Upon their return 15 minutes later, they found the decedent on the floor near her bed.

Allegedly the Aide, who was present until the end of her shift, did not file an incident report, as required by the Company, and did not contact the Company. The plaintiff initiated legal action, alleging negligence by the Company in providing care and supervision and asserting claims of negligent hiring, training, and supervision. The defendant moved for summary judgment. Continue Reading ›

Car accidents are unfortunately common in New York, and while some people involved in collisions walk away without harm, many suffer significant injuries. People hurt in car accidents can recover compensation, but only if they can demonstrate that another party proximately caused their harm. In a recent New York case in which the defendant argued the plaintiff was at fault for a car crash, the court discussed the concept of proximate harm and what evidence is needed to establish negligence. If you sustained damages in a collision, it is wise to meet with a Syracuse personal injury attorney to discuss your possible claims.

Factual Background of the Case

It is alleged that the plaintiff initiated a lawsuit seeking compensation for personal injuries she sustained during a motor vehicle collision involving a car she was driving and a car owned and operated by the defendants. The defendants filed a motion for summary judgment to dismiss the plaintiff’s complaint, arguing that the accident resulted from the plaintiff’s attempt to change lanes when it was not safe to do so, and that her negligence was the only cause of the accident. The trial court denied the motion, and the defendants appealed.

Establishing Proximate Cause in New York Car Accident Cases

On appeal, the court affirmed the trial court ruling. The court considered the well-established legal principle that there could be more than one proximate cause of an accident but noted that the defendants bore the burden of establishing that they were not at fault in causing the accident or that another person’s negligence was the sole proximate cause of the accident, as they were the ones seeking summary judgment. Continue Reading ›

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