Syracuse Personal Injury Law Blog

New York Court Examines Establishing Municipal Liability in Car Accident Cases

Published on: April 29, 2024 | By Jeff DeFrancisco

The majority of car accidents are borne out of negligence. While typically, the negligence is in the form of careless driving, in some instances, it is the negligent design and maintenance of roads that lead to collisions. In such cases, the town may be responsible for any losses caused by the crash, but proving liability can be challenging, as demonstrated by a recent New York ruling. If you were hurt in a car crash caused by inadequate road maintenance, it is smart to confer with a Syracuse personal injury lawyer to assess your possible claims.

History of the Case

It is reported that the plaintiff was involved in a single-vehicle accident on a street in the defendant town between 4:00 a.m. and 5:00 a.m. on a day in September 2006. The accident occurred after the plaintiff failed to negotiate a curve, which was preceded by a curve warning and a reduced speed limit sign. The plaintiff alleged that the defendant town negligently maintained the roadway and installed adequate traffic control devices.

Allegedly, though, there were no known witnesses to the accident, and the plaintiff could not recall the events leading to the crash. The plaintiff initiated an action against the defendant town, among others. The defendant town moved for summary judgment, seeking dismissal of the complaint against it. The trial court denied the defendant town’s motion, prompting the defendant town to appeal. Continue Reading ›

New York Court Discusses Timeliness of Medical Malpractice Actions

Published on: April 25, 2024 | By Jeff DeFrancisco

Pursuant to New York law, people injured by negligent medical care have the right to pursue medical malpractice claims against the providers responsible for their harm. They must act promptly, though, as if they fail to pursue their claims within the statute of limitations, they may be dismissed, as demonstrated in a recent New York case. If you were injured by an incompetent doctor, it is wise to consult a Syracuse medical malpractice lawyer as soon as possible to avoid waiving your right to recover damages.

Procedural and Factual Setting

It is alleged that the plaintiff initiated an action against the defendant doctor and another defendant, alleging medical malpractice related to the diagnosis and treatment of her breast cancer from June 2014 to October 2017. This case was consolidated with another action involving different defendants. In April 2021, the defendant doctor moved to dismiss the complaint against him, citing untimeliness and lack of personal jurisdiction.

Reportedly, the defendant doctor presented evidence demonstrating that he had only treated the plaintiff once on June 22, 2017, and had not been served with the summons and complaint. The plaintiff opposed the motion, relying solely on uncertified medical records to argue that the complaint against the defendant doctor was timely and cross-moved for an extension of time to serve him with the summons and complaint. The trial court denied the defendant doctor’s motion and granted the plaintiff’s cross-motion. The defendant doctor appealed. Continue Reading ›

Court Explains Establishing Causation in New York Medical Malpractice Cases

Published on: March 25, 2024 | By Jeff DeFrancisco

In New York medical malpractice cases, a plaintiff must prove not only that the defendant failed to uphold the applicable standard of care but also that the defendant’s departure from the standard of care caused the plaintiff’s harm. In other words, the failure to demonstrate causation is typically fatal to a plaintiff’s medical malpractice claim. In a recent New York opinion, a court explained what evidence is needed to establish causation in medical malpractice cases. If you were hurt while receiving medical care, it is advisable to talk to a Syracuse medical malpractice lawyer about what evidence you must produce to present a winning claim.

History of the Case

It is alleged that the plaintiff’s husband was involved in a motor vehicle accident in November 2013, allegedly due to contact with a car operated by another driver. Following the accident, the plaintiff’s husband sought treatment from the defendant chiropractor, among others. While undergoing treatment, he suffered a deep vein thrombosis in late July 2014, which required surgery.

It is reported that the plaintiff’s husband ultimately died due to complications arising out of the deep vein thrombosis. Subsequently, the plaintiff, representing the estate of her deceased husband, initiated legal proceedings against the defendant chiropractor, alleging medical and chiropractic malpractice. The defendant moved for summary judgment, arguing the plaintiff failed to demonstrate causation. The trial court granted the defendant’s motion and the plaintiff appealed. Continue Reading ›

New York Court Discusses Civil Immunity for Non-Profit Organizations

Published on: March 12, 2024 | By Jeff DeFrancisco

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 ›

New York Court Discusses Evidence of Lack of Informed Consent

Published on: February 12, 2024 | By Jeff DeFrancisco

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 ›

New York Court Discusses Damages in Car Accidents Harming Children

Published on: February 4, 2024 | By Jeff DeFrancisco

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 ›

New York Court Examines Liability in Rear-End Collision Cases

Published on: January 28, 2024 | By Jeff DeFrancisco

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 ›

New York Court Discusses the Standard of Care in Medical Malpractice Cases

Published on: January 25, 2024 | By Jeff DeFrancisco

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 ›

New York Court Discusses Judgment as a Matter of Law in Car Accident Cases

Published on: December 28, 2023 | By Jeff DeFrancisco

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 ›

New York Court Examines Proximate Cause in Medical Malpractice Matters

Published on: December 23, 2023 | By Jeff DeFrancisco

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 ›