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The Second Circuit, in Isabella v. Koubek, recently certified a question to the New York Court of Appeals involving an apparent conflict between two statutes: Section 29(6) of New York’s Workers’ Compensation Law, which provides that workers’ compensation is the exclusive remedy of an employee injured by his co-employee’s negligence, and Section 388 of New…
Read More When Cars, and Laws, Collide
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In Albano v. Stein, a rear-end collision case, a Brooklyn trial court denied summary judgment to defendants on the issues of liability, serious injury, and causation. There, plaintiff Albano’s car was struck from behind by a car owned by Atkins and driven by Stein: Ms. Albano was either backing or had just backed her vehicle…
Read More Brooklyn Car Accident Case Survives Summary Judgment on Liability and “Serious Injury” Threshold
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I fondly remember, in Miss Schmidt’s fourth grade class, the pride I felt when I “passed” the cursive writing “test” and was rewarded with a ball point pen. Good times. In today’s electronic age, cursive writing is less relevant than it has been in the past. One article even suggests, by reference to the Zimmerman…
Read More Claims Adjuster’s Email Sufficient to Enforce Settlement Agreement
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Everyone knows that drivers who text and talk on their cell phones do so at their peril. Consequences range from tickets and driver license “points” to death. But a recent decision by a Brooklyn trial court in Miller v. Lewis, 40 Misc.3d 490, highlights the dangers of cell phone use by pedestrians. (More information on this issue can be…
Read More Struck Pedestrian’s Cell Phone Records Admissible
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In Allen v. Rivera, a rear-end collision case, the trial court found that summary judgment was not appropriate as to (1) liability and (2) the “serious injury” threshold. A car driven by Allen, the plaintiff, was struck from behind by a car driven by Rivera. 1. Liability – Rear-End Collision The court began by stating…
Read More Summary Judgment Denied As To (1) Liability and (2) Serious Injury In Rear-End Collision Case
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In Ahmad v. Bivomi M. Alshorbagi and Jacal Hacking Corp. (N.Y. Sup. July 22, 2011), the court considered, and rejected, defendant’s CPLR 4404 motion for various elements of post-trial relief following a jury’s damage award. Plaintiff sued defendants, the driver and owner of a taxi that struck him at LaGuardia Airport. A trial judge granted…
Read More NY Supreme Court rejects defendants’ motion to set aside jury damages award