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 AgreementEveryone 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 AdmissibleIn 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 CaseIn 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