The biomechanics of vehicle occupants involved in low-speed collisions is a potential defense to personal injury claims. However, any proffer of expert biomechanical testimony should be prepared to meet the test for admissibility, i.e. proof that the opinion is based upon generally accepted principles and methodologies.
In Dovberg v. Laubach, the plaintiff was involved in a low speed chain...Read More
The New York Assembly proposed Assembly Bill A8032 (an adoption of Senate Bill S6031) which amends the State venue statute for personal injury actions. The Bill was passed in both the Assembly and Senate in June, and signed into law by Governor Cuomo on October 23, 2017. The law is effective immediately.
The law amends CPLR Section 503 which designates venue as the county in which any one of...Read More
An auto insured has responsibility to disclose the identities of resident, non-family members who have access to the insured’s vehicle. If the insured fails to do so, it is at his own risk.
The question of whether a co-habitating girlfriend was covered by her boyfriend’s insurer arose in the case of Safe Auto Insurance Company v. Rene Oriental-Guillermo. The girlfriend, Rachel Dixon,...Read More
When a claim arises from the death of an individual, wrongful death and survival actions provide complementary damages. The wrongful death action compensates for losses sustained by living individuals as a result of the decedent’s death. A survival action allows for compensation as if the decedent had survived. Wrongful death damages include compensation for the amounts the decedent’s...Read More
When a plaintiff files litigation on the last day of the statute of limitations, can a defendant file a counterclaim arising out of the same incident?
In Veronica Barley v. Arnell Barley, step sisters sought damages from one another for personal injuries after an altercation. The plaintiff sister, Veronica, alleged that her sister, Arnell, scratched her and tried to run her over with a car....Read More
A work related injury is compensable under Pennsylvania workers compensation laws even if it is an aggravation of a pre-existing condition such as osteoarthritis. In Brand Energy Services, LLC v. Worker’s Compensation Appeal Board , an employer appealed an award by a workers compensation judge arguing that causation had not been established for aggravation of bi-lateral carpal tunnel...Read More
A high school student who opted to play basketball in gym class voluntarily engaged in an activity with awareness of the risks inherent to playing, including the possibility of collision or contact with another participant. This voluntary assumption of the risk barred a suit for negligence against his high school.
In Hanson v Sewanhaka Central High School District, the plaintiff alleged that...Read More
A note of issue date is one of the most important dates for defendants to monitor in litigation in New York. In Meisels v Raptis, the Supreme Court, Kings County, denied medical malpractice defendants’ motion to strike plaintiff’s note of issue and extend time for filing summary judgment despite their claim that they had never received it.
The plaintiffs alleged that the defendants failed to...Read More
In a claim against a New Jersey public entity, a plaintiff must prove a permanent and substantial injury to permit recovery. Under the Torts Claims Act, public entities are immune from suits unless there is permanent loss of a body function, permanent disfigurement or dismemberment.
In Paz v. State of New Jersey, the plaintiff suffered injuries to her neck, back and shoulders after a trip and...Read More
Most like it hot … soup that is. To this end, the New York City Health Code prescribes the range of temperature required for hot soup served at restaurants, i.e. 140 to 165ºF. But what if someone gets burned on that soup?
In Sekkat v. Huitres NYC, Inc., an infant-plaintiff was burned when her younger brother pushed a toy train into a bowl of soup and caused it to fall from the table...Read More