Serving Clients Throughout Upstate New York with Multiple Convenient Locations

New York’s Vehicle and Traffic laws are designed to ensure that people can safely travel the roads and highways throughout the state. When people fail to comply with these laws, it often leads to accidents, and it may constitute negligence per se or negligence as a matter of law. Recently, a New York court discussed negligence per se in the context of a motorcycle collision, in a matter in which it ultimately granted summary judgment in favor of the plaintiff. If you were hurt in a collision caused by a negligent driver, it is in your best interest to speak to a Syracuse personal injury lawyer about what claims you may be able to pursue.

The Factual and Procedural Background of the Case

It is alleged that the plaintiff was operating his motorcycle on a New York road when the defendant, who was approaching from the other direction, made a sudden left turn into the plaintiff’s path of travel. The plaintiff and defendant collided, and the plaintiff suffered significant injuries in the accident. He filed a personal injury lawsuit against the defendant, asserting that the defendant’s negligence caused the accident and his subsequent harm. He then filed a motion for summary judgment on the issue of liability and asked the court to dismiss the defendant’s affirmative defenses. The court denied the motion, and the plaintiff appealed.

Negligence Per Se in the Context of Car Accidents

On appeal, the court reversed the trial court ruling and granted summary judgment in favor of the plaintiff. In doing so, it explained that a violation of New York’s Vehicle and Traffic laws constitutes negligence as a matter of law. In other words, a person driving a vehicle with the right of way is entitled to presume that a motorist approaching from the other direction will yield the right of way in accordance with the law. Continue Reading ›

Slip and fall accidents happen with regularity in superstores, and in most instances, they are caused by liquid or other slippery substances that have spilled onto the ground. Store owners have an obligation under the law to maintain their premises in a safe condition, and they can be held accountable for the harm that arises out of slip and fall incidents. As explained in a recent ruling issued by a New York court, however, a store owner will only be deemed liable if the injured party can show that the owner knew or should have known of the presence of the condition that caused the fall. If you suffered injuries in a fall that happened while you were shopping, it is smart to talk to a Syracuse personal injury lawyer to evaluate whether you may be able to recover compensation in a civil lawsuit.

The Facts of the Case

Reportedly, the plaintiff was shopping at the defendant’s superstore in March 2020 when he slipped and fell in a puddle of pasta sauce in one of the store’s aisles. The sauce had not yet congealed but was still liquid at the time of the fall, and both the floor and the sauce were white. The plaintiff did not notice the sauce before he fell, and he reported that other than the puddle, the floor was clean.

It is alleged that the plaintiff filed a premises liability lawsuit against the defendant, alleging its negligent failure to maintain the store in a safe condition caused the plaintiff’s fall and subsequent injuries. The defendant moved for summary judgment on the grounds that the plaintiff failed to show that the defendant had actual or constructive notice of the spill prior to the plaintiff’s fall. Continue Reading ›

While there are risks associated with most surgical procedures, patients are usually aware of the potential complications that can arise and choose to proceed regardless. In some instances, though, mistakes made during surgery can cause a patient to suffer unanticipated injuries that not only cause physical pain but also lead to anxiety and depression. Recently, a New York court discussed a doctor’s assertion that physical harm caused by medical negligence could not impact a patient’s mental health status, in an opinion in which it ultimately rejected the doctor’s argument. If you were injured during a carelessly performed procedure, you have the right to seek compensation for your harm, and you should speak to a Syracuse medical malpractice lawyer to determine what evidence you must offer to establish liability.

The Plaintiff’s Allegations

It is reported that the defendant performed a hysterectomy on the plaintiff in September 2014. During the procedure, the defendant mistakenly cut the plaintiff’s right ureter. As a result, the plaintiff subsequently suffered from depression, difficult and painful urination, kidney and bladder dysfunction, and other issues. Accordingly, the plaintiff filed a medical malpractice lawsuit against the defendant, alleging his negligence caused her harm. The defendant moved for dismissal via summary judgment, but the court denied his motion. He then appealed.

A Doctor’s Liability for Mental Harm Caused by Medical Malpractice

On appeal, the court held that the trial court properly denied the defendant’s motion for summary judgment but clarified that it should have done so on different grounds. Specifically, the court noted that the medical expert affidavit submitted by the defendant neglected to address the plaintiff’s alleged psychological harm. Continue Reading ›

Emergency medical service (EMS) providers offer critical care to people suffering from acute health concerns. As with any medical care, however, people have the option of declining the treatment EMS providers offer. As discussed in a recent opinion issued in a New York medical malpractice case, if a person rejects an offer for such care, they are most likely precluded from pursuing medical malpractice claims against the providers on the grounds that they failed to provide them with adequate medical treatment. If you sustained harm because of the negligence of a medical professional, you have the right to seek compensation, and it is in your best interest to meet with a Syracuse medical malpractice lawyer to discuss what damages you may be owed.

Facts of the Case

It is reported that the plaintiff and his brother became involved in a physical altercation with a third party. Police responded to the scene of the altercation and, at some point, took the plaintiff down to the ground. EMS providers responded to the scene as well. The EMS providers cleared the plaintiff for transport, and he was taken to a police facility.

It is alleged that while he was there, he suffered a seizure. It was later determined that he had sustained a subdural hematoma, and he underwent an emergency craniotomy. The plaintiff filed a lawsuit against the city that employed the EMS providers setting forth claims that the providers committed medical malpractice and negligently treated the plaintiff. The EMS providers moved for summary judgment, but the court denied their motion. They then appealed. Continue Reading ›

The COVID-19 pandemic caused many people, including those living in federal facilities, to suffer irreparable harm. In some instances, such harm was brought about or exacerbated by the failures of medical professionals. While people harmed by the negligent rendering of care in a federal facility have the right to pursue compensation for their losses, they must make sure that their claims are properly pleaded and pursued in the appropriate forum otherwise, as illustrated in a recent New York ruling issued in a medical malpractice case, they may be dismissed. If you were injured by the carelessness of a healthcare provider, you might be owed damages, and you should speak to a Syracuse medical malpractice lawyer about your potential claims.

Factual and Procedural Background of the Case

It is reported that the plaintiff was confined to a facility owned and operated by the federal government during the COVID-19 pandemic. The plaintiff, who suffers from several chronic health conditions, alleged that the medical professionals that worked at the facility failed to take the measures necessary to protect him from pandemic-related health risks. Thus, he filed a lawsuit against the federal government, asserting claims of deliberate indifference to his serious medical needs in violation of his Eighth Amendment rights and medical malpractice. The federal government then moved to dismiss his claims.

Federal Court Jurisdiction Over State Law Medical Malpractice Claims

The court first assessed the plaintiff’s claims that the defendant violated his Eighth Amendment rights via its employees’ deliberate indifference to his critical medical needs, finding that the allegedly harmful actions failed to rise to the level necessary to meet the elements of his claim. As such, it granted the defendant’s motion to dismiss as to those claims. Continue Reading ›

Many hospitals and medical facilities in New York receive federal funding. If a patient suffers harm due to incompetent care received in such a facility, they can seek damages via medical malpractice claims, but they are bound by a different set of procedural requirements than those pertaining to claims against private facilities. The courts strictly construe such requirements, and if they find that a plaintiff failed to comply with them, they will most likely dismiss their claims, as demonstrated in a recent New York opinion. If you were hurt by the negligence of a medical professional, you could be owed damages, and it is smart to speak to a Syracuse medical malpractice lawyer as soon as possible.

The Plaintiff’s Claims

It is reported that between June 2016 and January 2017, the plaintiff received medical treatment from the defendants, including assessments, examinations, and surgery. The plaintiff asserted that because of the defendant’s negligence and failure to obtain her informed consent, she suffered personal injuries. As such, she filed a medical malpractice lawsuit against the defendants in state court.

Allegedly, the defendants removed the action to the federal district court pursuant to the Federal Tort Claims Act (FTCA) on the grounds that the defendants worked in a federally funded facility and were, therefore, employees of the United States and acting in the scope of their employment when they treated the plaintiff. They then moved to dismiss the complaint on the grounds that the court lacked subject matter jurisdiction over the case. Continue Reading ›

New York law dictates that people pursuing damages in medical malpractice cases must prosecute their claims diligently. In other words, if they cause unnecessary delays in moving the case forward, they may be sanctioned. In some cases, such sanctions can include the dismissal of the plaintiff’s claims. Dismissal is a harsh penalty that is typically reserved for extreme cases, however, as noted in an opinion recently issued in a New York medical malpractice case. If you suffered losses due to the negligence of a physician, it is in your best interest to speak with a Syracuse medical malpractice lawyer about your potential claims.

Procedural Background of the Case

It is alleged that the plaintiff filed a medical malpractice lawsuit against the defendant in 2017. A short time later, the parties exchanged discovery requests. They then entered into discovery orders which included an order that required the plaintiff to appear for a deposition by a specific date, produce certain discovery, and file a note of issue by a certain time. The plaintiff produced the discovery, but neither party complied with the remainder of the order. About one year later, the defendant moved to dismiss the plaintiff’s complaint for failure to comply with discovery. The court granted the defendant’s motion and dismissed the plaintiff’s complaint. The plaintiff then appealed.

Sanctions for Failing to Prosecute a Case

On appeal, the court reversed the trial court ruling and reinstated the plaintiff’s complaint. In doing so, it stated that the trial court did not have the authority to dismiss the plaintiff’s claims due to general delay, when the defendant failed to serve the plaintiff with a 90-day demand to file and serve a note of issue. Continue Reading ›

When a patient suffers harm due to a doctor’s negligent performance of their duties, the doctor may be held liable for medical malpractice. Not all harm caused by medical professionals constitutes malpractice, though, as in some cases, an injury may be the result of simple negligence. In an opinion recently delivered by a New York court, the distinctions between negligence and medical malpractice were discussed. If you suffered harm while receiving medical treatment, you might be owed compensation, and you should speak to a Syracuse medical malpractice lawyer as soon as possible.

The Decedent’s Harm

It is reported that the decedent was a resident of the defendant’s nursing home. The decedent, who was in a wheelchair, was being transferred from the home to a doctor’s appointment via an ambulance owned by the defendant transportation group. When the defendant transportation group’s employee placed the defendant on the ambulance’s lift, she was propelled to the ground due to a lack of proper restraints. She sustained critical injuries in the fall that ultimately proved to be fatal.

It is alleged that the plaintiff filed a lawsuit against the defendants, asserting wrongful death claims. The defendants moved to compel the plaintiff to serve a notice of malpractice and certificate of merit pursuant to New York law. The trial court denied the defendants’ motion, and they appealed. Continue Reading ›

Distracted driving is one of the leading causes of car accidents, and cell phones are one of the main causes of distractions. Merely because a person involved in an accident had a cell phone at the time of the crash, however, does not mean that they negligently caused the collision. Instead, a person seeking cell phone records via discovery in a car accident case must establish that the information they seek is relevant to their claims or defenses, as discussed by a New York court in a ruling recently issued in a car accident case. If you were injured in a collision, you should speak to a Syracuse personal injury lawyer about your potential claims.

History of the Case

It is alleged that the plaintiff’s son was injured when the car he was driving collided with a bus operated by the defendant driver and owned by the defendant school district. Tragically, the plaintiff’s son was left in a vegetative due to the injuries he sustained in the accident. The plaintiff filed a personal injury lawsuit against the defendants, arguing they were liable for the accident and her son’s ultimate harm.

Reportedly, during discovery, the defendants moved for the production of the son’s cell phone records and information from his phone to discern whether he was using his phone at or before the time of the collision. The court granted the motion to the extent that it sought the son’s cell phone records but denied it to the extent it sought the son’s phone. The defendant appealed. Continue Reading ›

Defendants in car accident lawsuits are typically reluctant to admit liability, even if it seems clear that their behavior caused the collision that formed the basis of the plaintiff’s claims. Additionally, in many cases, the defendant will not only deny fault but will argue that the plaintiff caused the accident. In such instances, the issue of liability will usually need to be determined by the jury, as discussed in a recent ruling issued by a New York court in a case arising out of a collision. If you sustained harm in a car crash, you might be owed damages, and it is in your best interest to meet with a Syracuse personal injury lawyer to assess your options.

History of the Case

It is alleged that the plaintiff and defendant were involved in a collision. While it is undisputed that the defendant’s vehicle struck the plaintiff’s vehicle from behind, the precise manner in which the accident occurred was disputed. Regardless, the plaintiff sustained injuries in the crash and subsequently filed a personal injury lawsuit against the defendant. Following discovery, the plaintiff moved for summary judgment in his favor on the issue of liability. The trial court granted the motion, and the defendant appealed.

Comparative Fault in New York Car Crash Lawsuits

The court reversed the trial court ruling on appeal. The court explained that a plaintiff moving for summary judgment on the issue of liability in a negligence action must show, prima facie, that the defendant breached a duty they owed to the plaintiff and the breach proximately caused the plaintiff’s injuries. Continue Reading ›

Contact Information