Syracuse Personal Injury Law Blog

New York Court Examines Liability in Chain Reaction Collisions

Published on: July 29, 2025 | By Jeff DeFrancisco

Rear-end collisions are among the most straightforward traffic cases in New York law, as it is often presumed that the rear driver is at fault. Nonetheless, such cases can still be complicated, as demonstrated in a recent New York opinion issued in a case involving a chain-reaction collision. If you were hurt in a multi-vehicle accident, you may be owed damages, and you should speak to a Syracuse car accident attorney as soon as possible.

History of the Case

It is reported that the plaintiff was involved in a chain-reaction collision during morning rush hour while driving in stop-and-go traffic on a wet and drizzly roadway. According to the plaintiff, her vehicle was fully stopped when it was struck from behind after the defendant, the rear-most driver in the chain, collided with a middle vehicle, which was then pushed into the plaintiff’s car. The plaintiff brought a personal injury lawsuit against the defendant, alleging that the defendant’s negligent operation of her vehicle caused the crash and her resulting injuries.

It is alleged that at trial, the plaintiff rested her case before the defendant had presented any evidence and then moved for a directed verdict on the issue of liability. The trial court denied the motion as premature. The jury ultimately ruled in favor of the defendant. The plaintiff then filed a post-trial motion under CPLR 4404 seeking judgment notwithstanding the verdict or, in the alternative, a new trial. The trial court denied the motion, and the plaintiff appealed. Continue Reading ›

New York Court Examines When a Delayed Diagnosis Constitutes Malpractice

Published on: July 26, 2025 | By Jeff DeFrancisco

In medical malpractice litigation, plaintiffs must not only allege negligence but also present competent evidence linking that negligence to a patient’s injury. This requirement is particularly important in delayed diagnosis cases, where causation hinges on whether earlier intervention would have changed the outcome. A recent decision from a New York court illustrates how courts evaluate these issues at the summary judgment stage. If you suspect a delay in diagnosis or treatment has harmed your health, you should meet with a Syracuse medical malpractice attorney who can help you assess your legal options.

Case Setting

It is reported that the plaintiff sought treatment at a private OB/GYN practice in 2017 after noticing a lump in her left breast. The defendant physician, affiliated with the practice, examined the plaintiff and referred her for diagnostic imaging. A mammogram and sonogram were performed and reportedly interpreted as showing no evidence of malignancy. The plaintiff was advised to return in six months for follow-up testing.

It is alleged that the plaintiff returned in early 2018 and was again referred for imaging. This time, the results raised concerns for possible malignancy. A biopsy was ordered, and the plaintiff was ultimately diagnosed with Stage II breast cancer. She underwent chemotherapy, surgery, and radiation. The plaintiff filed suit against the OB/GYN physician and practice, alleging that their failure to properly assess and respond to her initial complaints resulted in a delayed diagnosis and worsened prognosis. Continue Reading ›

New York Court Addresses Conflicting Expert Reports in Medical Malpractice Cases

Published on: June 11, 2025 | By Jeff DeFrancisco

Medical malpractice cases often turn on whether a provider responded appropriately to a patient’s symptoms during postoperative care. Under New York law, healthcare professionals must adhere to accepted medical standards when evaluating signs of complications, including potential infections. As such, conflicting expert opinions on the standards of care can prevent the early dismissal of a claim, as shown in a recent New York opinion issued in a medical malpractice case. If you have suffered harm due to inadequate medical treatment, you should speak with a skilled Syracuse medical malpractice attorney about your rights.

The Case Setting

It is reported that the plaintiff underwent arthroscopic surgery on his right knee in March 2016 to correct an internal knee derangement. Following the surgery, the plaintiff received physical therapy at the defendant healthcare provider’s office and was treated by the individual defendant provider between March and August 2016. The plaintiff continued to experience pain and swelling in the affected leg over the course of several months.

It is alleged that by May 2017, the plaintiff’s symptoms had worsened, and he presented to a hospital with pain and swelling in the same leg. There, he was diagnosed with osteomyelitis, a serious bone infection. Treatment of the condition ultimately required a bone graft, among other interventions. The plaintiff then instituted a medical malpractice case against the providers responsible for his postoperative care, asserting that they negligently failed to evaluate and treat signs of infection, which caused or contributed to his injuries. Continue Reading ›

New York Court Addresses Obstructed Crosswalk Signal in Wrongful Death Case

Published on: June 6, 2025 | By Jeff DeFrancisco

In pedestrian accident cases, courts often examine whether environmental conditions played a role in the incident. One significant factor is the visibility of traffic control signals. New York law imposes a nondelegable duty on municipalities to maintain roadways, including ensuring that traffic signals are not obscured by foliage or other obstructions, and if they fail to do so, they may be held accountable, as demonstrated in a recent New York ruling. If you lost a loved one in a pedestrian collision involving dangerous road conditions, it is important to speak with a qualified Syracuse wrongful death attorney about your options for recovery.

History of the Case

It is reported that the plaintiff, acting on behalf of the decedent’s estate, filed a wrongful death action against the defendants, including a municipal entity and a contractor responsible for maintaining trees at the site of a fatal collision. The incident occurred while the decedent was lawfully crossing a street within a marked crosswalk when she was struck and killed by a speeding vehicle.

It is alleged that at the time of the accident, foliage partially obscured the pedestrian signal at the crosswalk where the collision took place. The plaintiff claimed that the obstruction prevented the decedent and other pedestrians from clearly seeing whether it was safe to cross, and further asserted that the obstruction was a contributing factor in the fatal event. The defendants moved for summary judgment, seeking dismissal of the complaint. Continue Reading ›

New York Court Examines Comparative Negligence in Car Accident Cases

Published on: May 29, 2025 | By Jeff DeFrancisco

In motor vehicle accident cases, establishing which driver had the right-of-way is often key to determining liability. Under New York law, a driver who proceeds through an intersection with a green light is generally entitled to assume that other motorists will obey traffic signals. A recent New York decision in which the court ruled in favor of a plaintiff who had the right-of-way and rejected the defendants’ attempt to assign partial fault to her illustrates how courts apply this principle to resolve questions of comparative negligence. If you or someone you love were injured in a car crash, you should speak with a skilled Syracuse personal injury attorney about your rights.

History of the Case

It is reported that the plaintiff driver and her husband brought a personal injury lawsuit against the defendants following a car accident in Brooklyn. The incident occurred in May 2021 when a vehicle operated by the defendant struck the plaintiff’s car as she traveled through an intersection. The plaintiffs claimed the defendant driver failed to yield and entered the intersection against a red light.

It is alleged that the plaintiff was proceeding lawfully through the intersection with a green traffic signal when the collision occurred. The plaintiffs sought damages for physical injuries and loss of consortium. In response, the defendants raised the affirmative defense of comparative negligence, arguing that the plaintiff driver bore some responsibility for the crash. Continue Reading ›

New York Court Discusses Amendments in Medical Malpractice Claims

Published on: May 23, 2025 | By Jeff DeFrancisco

In medical malpractice litigation, clarity and timeliness in stating claims are essential. Once a case has progressed past the discovery phase and has been certified as ready for trial, courts are reluctant to allow major changes to a plaintiff’s theory of the case, as demonstrated in a recent New York case in which the court affirmed the denial of a plaintiff’s request to amend his bill of particulars years into the litigation. If you believe you were harmed by incompetent medical care, a seasoned Syracuse medical malpractice attorney can help take the steps necessary to preserve your rights.

History of the Case

It is reported that in May 2017, the plaintiff commenced a medical malpractice action against the defendants, a physician and a medical facility, alleging improper care and treatment. A note of issue, signifying the close of discovery and readiness for trial, was filed in January 2021.

It is alleged that several months later, the defendant physician moved for summary judgment, asserting that the care provided complied with accepted medical standards. The second defendant subsequently filed a similar motion. Rather than respond to these motions in the usual course, the plaintiff cross-moved in May 2022 for leave to amend the bill of particulars as to both defendants. The proposed amendments sought to modify and expand upon the allegations of negligence. The trial court denied both of the plaintiff’s cross-motions to amend, citing their untimeliness. The plaintiff appealed both rulings. Continue Reading ›

New York Court Examines Summary Judgment in Truck Accident Cases

Published on: April 13, 2025 | By Jeff DeFrancisco

When large commercial vehicles shed parts while in motion, nearby motorists can suffer serious injuries. These incidents often raise questions about vehicle maintenance, driver oversight, and liability. However, when the underlying facts are disputed, courts are often reluctant to decide the case before full discovery and trial. A recent New York decision highlights the difficulty of resolving negligence claims on a motion for summary judgment where critical factual disputes remain unresolved. If you were injured in a collision with a commercial vehicle, a Syracuse personal injury attorney can assess whether you may be entitled to compensation.

Case Setting

It is reported that the plaintiff was driving along North Conduit Avenue in New York when she allegedly felt a loud impact on the driver’s side of her vehicle. The plaintiff claimed that a piece of tire tread from a nearby commercial truck detached while the truck was moving and struck her car, causing her to suffer serious injuries. The truck was reportedly owned by the defendant company and operated by a driver who was later identified.

New York Court Discusses Medical Malpractice Claims Against the Government

Published on: April 7, 2025 | By Jeff DeFrancisco

Mental health treatment involves delicate clinical decisions, especially when a patient is at risk of self-harm. When a patient dies by suicide shortly after receiving psychiatric care, surviving family members may pursue legal action if they believe the care provided was inadequate. These cases are emotionally complex and legally challenging, particularly when government-employed professionals provide the care in question. A recent ruling from a New York court highlights how difficult it can be to succeed in a malpractice claim arising from a suicide, even where warning signs appear to have been present. If you lost a loved one due to what you suspect was negligent mental health care, a Syracuse medical malpractice attorney can help you explore your legal rights.

Background of the Case

It is alleged that the decedent had a long, intermittent history of mental health issues, including anxiety, depression, panic attacks, and suicidal thoughts. She had received treatment at the FQHC off and on over several years, with documented episodes of missed appointments, medication noncompliance, and inconsistent follow-up. In the final months before her death, she had been treated by both a social worker and a psychiatric nurse practitioner. The providers documented recurring symptoms of anxiety and depression, including reports of suicidal ideation, but they concluded that she did not exhibit signs warranting hospitalization.

It is reported that the decedent’s providers used a standardized assessment tool to evaluate her suicide risk and implemented safety plans in accordance with best practices. At her final visit on the day of her death, the decedent reportedly denied having suicidal intent or a plan, and the social worker determined that her condition was stable. Despite this, the decedent died by suicide within hours of leaving the facility. Continue Reading ›

New York Court Examines Liability for Dangerous Roadways

Published on: March 29, 2025 | By Jeff DeFrancisco

When serious car accidents occur on public roadways, injured parties often look to government entities for compensation, alleging failures in roadway maintenance or design. However, these cases frequently hinge on whether the state met its legal duty to maintain roads in a reasonably safe condition. A recent New York ruling addressed these issues in a personal injury lawsuit filed against the State of New York following a single-vehicle crash on a winding mountain road. If you sustained injuries due to unsafe road conditions, a Syracuse personal injury attorney can help you evaluate your legal options.

Background of the Case

It is reported that the claimant was driving on State Routes 44/55 in Ulster County in the early morning hours after visiting a scenic overlook. As the claimant descended the mountain, he allegedly failed to navigate a sharp hairpin turn, causing his vehicle to crash into a rock wall. The claimant sustained injuries and subsequently filed a lawsuit against the State of New York, asserting that the state negligently failed to maintain the roadway in a reasonably safe condition.

It is alleged that the claimant argued that the state failed to install sufficient safety measures, such as guiderails and chevron warning signs, at the location of the hairpin turn. The claimant also asserted that inadequate signage and roadway markings contributed to his inability to safely navigate the curve.

It is reported that following a nonjury trial, the Court of Claims found that the state had met its duty to reasonably maintain the roadway and was not liable for the claimant’s injuries. The claimant appealed the decision, challenging the court’s findings and asserting that the verdict was against the weight of the evidence. Continue Reading ›

New York Case Highlights Impact of “Lavern’s Law” on Cancer Malpractic Claims

Published on: March 25, 2025 | By Jeff DeFrancisco

Missed or delayed cancer diagnoses can have tragic consequences, and New York courts closely scrutinize such cases, especially when statutory limitations are in dispute. A recent New York case sheds light on how New York’s “Lavern’s Law,” which extends the statute of limitations for undiagnosed cancer claims, plays a pivotal role in determining the timeliness of medical malpractice lawsuits. If you or a loved one has suffered harm due to a delayed diagnosis, consulting a Syracuse medical malpractice attorney may help you explore your legal options.

History of the Case

It is alleged that the decedent was treated by the defendant physician, an otolaryngologist, in July 2015 at a facility operated by a co-defendant healthcare entity. Reportedly, the decedent presented to the defendant physician with complaints of chronic hoarseness, leading the physician to conduct a physical examination and video scope. The defendant physician did not detect any masses or lesions suggestive of laryngeal cancer and did not recommend additional imaging or diagnostic procedures.