Even in cases involving horrific injuries or death, the plaintiff must still prove negligence – that is, a deviation from the relevant standard of care – in order to win. That’s the lesson of Clark v. Amboy Bus Co., decided by the Appellate Division, Second Department on May 21, 2014. In this tragic case of…
Read More Bus-Bicycle Accident Death Case Dismissed, Where Bus Driver Acted With Due CareIn Contreras v. United Rentals (North Am.) Inc., a car accident case, the Supreme Court, Suffolk County, denied defendants’ motions for summary judgment dismissing plaintiffs’ complaint on the ground that they did not suffer a “serious injury” within the meaning of New York Insurance Law § 5102(d). Marcos Conteras was driving, and Nydia Contreras was…
Read More Evidence of “Serious Injury” Precludes Summary Judgment for Defendants in Tractor Trailer Accident CaseIn Halsey v New York City Transit Authority, 114 AD3d 726, the Second Department affirmed a judgment, entered on a jury verdict in plaintiff’s favor, in the principal amount of $3,000,000 for future pain and suffering. Plaintiff was injured when a bus on which she was riding struck a utility pole. Plaintiff’s injuries included a protruding…
Read More Court Affirms $3 Million Future Pain and Suffering Jury Award in Bus Accident CaseIn Prince v. Lovelace, decided March 4, 2014, the Appellate Division, First Department reversed a trial court’s decision that plaintiff did not suffer a “serious injury” under New York’s “No-Fault” Law, Insurance Law § 5102(d): Defendant failed to establish prima facie that plaintiff did not suffer a serious injury to his right knee as a…
Read More “Serious Injury” to Knee in Car Accident CaseIn a decision issued today, Williams v. Weatherstone, the New York Court of Appeals held that a school district owed no duty to a student (designated as “A.” in the opinion) who was struck by a car while waiting for the school bus. The accident happened as follows: On March 13th, A.’s newly assigned bus,…
Read More School District Did Not Owe Duty to Student Hit By CarA recent Second Department decision, Fernandez v. Babylon Mun. Solid Waste, illustrates the circumstances under which a rear-ended plaintiff is not entitled to summary judgment. Plaintiff’s vehicle was struck in the rear by a vehicle owned by defendant Babylon and driven by defendant Catania. Plaintiff moved for summary judgment on the issue of liability, and…
Read More Rear-Ending Driver Not Liable as a Matter of LawIn Herrera v. Dulisse, a car accident case, the Appellate Division, First Department reversed the lower court’s grant of summary judgment to defendant on plaintiff’s claim that she suffered a “serious injury”. Defendant “failed to establish his entitlement to judgment as a matter of law with respect to plaintiff’s claims under the ‘permanent consequential limitation of…
Read More Evidence of Bulging Disc and 20% Loss of Use of Cervical Spine Sufficient to Meet Serious Injury Threshold in Car Accident CaseMotor Vehicle accidents are, unfortunately, a frequent occurrence on New York’s roads. While many factors bear on whether the facts of your case will support a claim for damages, you should keep the following in mind, at least in the immediate (and likely chaotic) aftermath of a motor vehicle accident. Remain at the accident scene. By definition,…
Read More What Should You Do If You Are in a Car Accident?In Kang v. Almanzar, the Appellate Division, First Department recently modified the trial court’s grant of summary judgment to defendant on the issue of whether plaintiff suffered a “serious injury” to her right shoulder under the “significant limitation in use” category set forth in Insurance Law § 5102(d). Initially, Defendants made a prima facie showing that…
Read More Plaintiff Presents Sufficient Evidence of “Significant Limitation” to Right Shoulder to Meet “Serious Injury” ThresholdDid a car accident cause plaintiff’s stroke? That is the question recently addressed by the First Department in Sadek v. Wesley. The court reversed a trial court ruling precluding plaintiff’s neurological experts from testifying and dismissing plaintiff’s complaint. This motor vehicle accident case arose from a collision between a limousine driven by plaintiff Sadek and a Greyhound…
Read More First Department Reverses Decision Precluding Expert Testimony on Causation and Condemns “Ambush” Trial Motion Practice