In Haviland v. Lourdes Med. Ctr. of Burlington County, Inc., the plaintiff suffered a shoulder injury while undergoing a radiology exam because the technician deviated from accepted standards of medical care. However, the trial court dismissed the case because the plaintiff failed to file an affidavit of merit (AOM). The…
Buffalo Personal Injury Lawyer News
Popular Hand Soap Contaminated with Burkholderia Cepacia
The Food and Drug Administration (FDA), in conjunction with the Centers for Disease Control and Prevention (CDC), is investigating a multistate outbreak of potentially dangerous bacteria. Hand soaps linked to Burkholderia Cepacia infections, sold at Walmart and other retailers, were voluntarily recalled over health concerns. B. Cepacia is the name…
Jury Trials Are Expected To Resume On March 22
Chief Judge Janet DiFiore announced that the New York State Unified Court System intends to resume some in-person operations, including a limited number of jury trials in courts throughout the state. Although the chief judge has determined it is finally safe to bring people back to courtrooms, trials will take…
Navy Vet Died After A Police Officer Knelt On His Neck
Another police-related fatality has recently gained national attention largely in part because it seems to reverberate the murder of George Floyd. As you may recall, Mr. Floyd was killed after a police officer kneeled on his neck, sparking national protests against police brutality and racism. The family of Angelo Quinto,…
New York Court Discusses Negligence in Slip and Fall Cases
Slip and fall accidents frequently occur in New York, and in many instances, they cause significant harm. Some people hurt in such incidents can recover damages, but whether they are owed compensation depends on numerous factors, including what caused them to fall and how long the dangerous condition was present.…
Court Rejects the Emergency Doctrine Defense in a Car Accident Case in New York
While most car accidents in New York are caused by negligent driving, some are brought about by sudden, unavoidable obstacles. Thus, New York recognizes the emergency doctrine, which can operate to remove liability for drivers who encounter sudden unexpected conditions and subsequently cause collisions during their attempts to avoid a…
New York Court Discusses Proximate Cause in Car Accident Cases
Fatal car accidents sadly are a common occurrence in New York, and in many cases, they are caused by dangerous conditions encountered in the roadway. While people who lose loved ones in collisions are frequently able to recover damages from the parties responsible, fatalities do not always arise out of…
Court Explains Grounds for Overturning a Verdict in Personal Injury Cases in New York
Typically, a plaintiff in a personal injury case will request a jury trial. As such, issues such as liability and damages will be determined by the plaintiff’s purported peers based on the evidence submitted by each party. Jurors do not always appropriately evaluate testimony, however, and can issue a verdict…
New York Court Discusses Liability for Crashes Caused by Trailing Vehicles
Drivers have an obligation to operate their vehicles safely. This means, in part, that a motorist must maintain sufficient distance from other cars and travel at a safe speed. Drivers who fail to abide by the law and drive recklessly are more likely to cause crashes, and if they do,…
Court Explains Serious Injuries Caused by Car Accidents as Defined by New York Law
Car crashes frequently cause cervical strain and sprain and other neck and back injuries. Whether such injuries are compensable depends, in part, on whether they are deemed serious as defined by New York Law. Recently, a New York court issued an opinion discussing what constitutes serious harm in a case…