Yellow triangular wet floor caution sign
In a recent personal injury case, Schecher v. R. Park Cent., LLC, New York Supreme Court Judge James held that the jury failed to adequately compensate plaintiff for her injuries. The trial record established that after the accident on August 5, 2007, plaintiff was transported to the emergency room of St. Vincent’s Hospital where she…
Read More Personal Injury Jury Award Too Low, Court Holds
Stick figures running, one fallen with stars
In 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 Case
Man signing document surrounded by observers
In Ferrara v. Middleton, the Appellate Division, First Department recently held that plaintiff raised an issue of fact as to whether he satisfied the “serious injury” threshold of New York’s “No Fault Law” sufficient to defeat defendants’ motion for summary judgment. Defendants met their initial burden on summary judgment: Defendants established prima facie that plaintiff did…
Read More Plaintiff Raises Fact Issue as to Whether Shoulder Injury Constitutes a “Serious Injury” Under the No-Fault Law
Man in suit with red bow tie interviewed
In Luna v New York City Transit Authority, the Appellate Division, First Department reinstated a $1 million jury award for the plaintiff who was injured after falling on defendant NYCTA’s bus. The jury awarded plaintiff $500,000 for past pain and suffering and $500,000 for future pain and suffering over 34 years. The trial court (Supreme Court, Bronx…
Read More Court Reinstates $1 Million Jury Award for City Bus Passenger