Syracuse Personal Injury Law Blog

New York Court Discusses Proving Liability for a Trip and Fall Accident

Published on: May 12, 2022 | By Jeff DeFrancisco

New York is home to many hotels that countless people stay in each year. People visiting hotels typically anticipate that they will have a safe and enjoyable experience, but it is not uncommon for hotel guests to encounter dangerous conditions that cause them to trip and fall. Fortunately, many people hurt in falls can recover compensation from the owner of the property where the incident occurred. If you sustained harm in a fall, it is advisable to meet with a Syracuse personal injury attorney to discuss your rights.

The Plaintiff’s Fall

It is reported that the plaintiff suffered injuries when she tripped and fell in the hallway of the defendant’s hotel. She filed a personal injury lawsuit against the manager of the hotel and the entities that owned it, arguing that their negligence caused her fall and subsequent damages. Specifically, she averred that there was a defect in the carpet that caught her foot, causing her to tumble. The defendants moved for summary judgment, arguing that the plaintiff failed to show they were responsible for or had actual or constructive notice of the alleged defect, and therefore they could not be held liable for negligence.

Proving Liability for a Trip and Fall Accident

In analyzing the defendant’s motion, the court explained that, under New York law, a plaintiff asserting a negligence claim must show that they were owed a duty of care by the defendant, a breach of the duty by the defendant, and damages that were proximately caused by the breach. Further, in order for a defendant to be found liable for a slip and fall accident, the plaintiff must produce evidence showing both that a defective or dangerous condition existed and that the defendant either created the defect or had actual or constructive knowledge of its existence but failed to repair it within a reasonable amount of time. Continue Reading ›

New York Court Differentiates Between Medical Malpractice and Deliberate Indifference Claims

Published on: May 11, 2022 | By Jeff DeFrancisco

It is not uncommon for people in facilities owned and operated by the federal government to receive medical care during their stay. If they subsequently suffer harm due to incompetent care, they may be able to seek recourse, but the nature of their claims depends in part on the egregiousness of the offending party’s actions. This was illustrated recently in a New York opinion in which the court dismissed the plaintiff’s claims that medical malpractice comprised a violation of his constitutional rights. If you were injured by a careless healthcare provider, you have the right to seek compensation, and you should contact a Syracuse medical malpractice attorney to discuss your prospective claims.

The Facts of the Case

It is reported that the plaintiff, a resident of a facility owned and operated by the federal government, began to complain of symptoms of hepatitis following an outbreak. He reported his symptoms to the defendants, who were health care providers, who evaluated him but did not diagnose him with hepatitis. His symptoms worsened, and he asked to go to the emergency room, but his request was denied. He was ultimately hospitalized and diagnosed with hepatitis.

Allegedly, the plaintiff filed a complaint against the defendants averring that their negligence caused him to suffer permanent and severe injuries and a reduced earning capacity and violated his constitutional rights. The defendants then moved to dismiss his constitutional violation claims. Continue Reading ›

Court Discusses Statute of Limitations in New York Medical Malpractice Claims

Published on: May 9, 2022 | By Jeff DeFrancisco

Biopsies are routine procedures commonly used for diagnostic purposes. Although biopsies are relatively low-risk, they can nonetheless cause injuries if they are not performed properly and may form the basis of medical malpractice claims. As with all civil claims, though, they must be filed within the applicable statute of limitations; otherwise, they are subject to dismissal. This was illustrated recently in a case in which a New York court dismissed a plaintiff’s medical malpractice claims. If you suffered harm during a routine procedure, you have the right to seek compensation, and you should speak to a Syracuse medical malpractice attorney to evaluate your potential claims.

The Facts of the Case

It is reported that the plaintiff was a resident of a state facility in April 2014 when he began to experience groin pain. He met with one of the physician’s assistants employed by the facility, who arranged for him to undergo a biopsy. He was transferred to a hospital for the biopsy, but he woke from his anesthesia in the middle of the procedure in extreme pain and reportedly heard the doctor state he had made a mistake.

It is alleged that the plaintiff then filed a lawsuit against the state facility and the doctor that performed his biopsy, alleging, among other things, medical malpractice claims. The defendant moved to dismiss the plaintiff’s complaint on the grounds it was barred by the statute of limitations. Continue Reading ›

New York Court Discusses Fault in Car Accident Cases

Published on: May 6, 2022 | By Jeff DeFrancisco

Most people will be involved in collisions at some point in their lives, and while some are fortunate to walk away unharmed, others sustain injuries that are not only painful but also costly to treat. Simply because a person suffers harm in an accident does not mean that they will be awarded compensation, however. Rather, a person injured in a car accident must demonstrate that another person is at fault to recover damages. Recently, a New York court issued a ruling in which it discussed the evidence needed to establish fault in car crash cases. If you were hurt in a collision caused by another motorist, you could be owed damages, and it is in your best interest to speak to a Syracuse personal injury attorney regarding your potential claims.

The Facts of the Case

It is alleged that in November 2016, the plaintiff was riding as a passenger in a vehicle driven by the first defendant when it was struck by a vehicle driven by the second defendant. The plaintiff sustained injuries in the crash and subsequently filed a personal injury lawsuit.

Reportedly, the first defendant moved for summary judgment, arguing that the plaintiff could not establish she was at fault for the accident and, therefore, the claims against her should be dismissed. While the plaintiff did not oppose the motion, the second defendant did; the court subsequently denied the motion, and the first defendant appealed. Continue Reading ›

New York Court Analyzes Judgment as a Matter of Law in Car Accident Cases

Published on: April 30, 2022 | By Jeff DeFrancisco

Car accidents are common throughout New York, and in many instances, they cause not only property damage but also significant injuries. Fortunately, parties harmed in collisions caused by reckless drivers can often recover damages in civil lawsuits. While in most car accident cases, the courts will find that there are issues of fact that must be resolved by a jury at trial, in some cases, they will find that no factual disputes exist and judgment should be granted in favor of one party as a matter of law. Recently, a New York court issued an opinion discussing judgment as a matter of law in car accident cases, ultimately determining that the trial court erred in granting judgment in favor of the plaintiff. If you were injured in a collision caused by another driver’s carelessness, you might be owed compensation, and you should meet with a Syracuse personal injury attorney as soon as possible.

The Subject Accident

It is alleged that the plaintiff was sitting in the driver’s seat of her car, which was parked on the street. She subsequently felt an impact, first on the left rear side and then by the driver’s side door of her vehicle. She then saw the decedent’s vehicle on the left side of her car. Immediately before the crash, the decedent was coming out of the driveway that was behind the plaintiff’s car.

It is reported that the force of the impact caused the plaintiff’s vehicle to move two feet forward and strike the car in front of it. The plaintiff suffered injuries in the accident and filed a negligence claim against the decedent. Following the decedent’s death, a representative of her estate was substituted as the defendant. The case proceeded to trial, and at the close of evidence on the matter of liability, the defendant moved for judgment in her favor as a matter of law. The trial court granted the motion, and the plaintiff appealed. Continue Reading ›

New York Court Examines an Airline’s Liability for a Midflight Assault

Published on: April 28, 2022 | By Jeff DeFrancisco

Generally, parties cannot be held responsible for harm caused by the criminal acts of other individuals. There are exceptions, though, that would allow for the imposition of liability. For example, in a recent New York opinion, a court examined whether an airline could be deemed accountable for one passenger’s sexual assault of another. If you suffered harm while flying, you might be able to pursue claims against multiple parties, and it is advisable to speak to a Syracuse personal injury attorney about your potential causes of action.

The Plaintiff’s Allegations

It is alleged that in June 2017, the plaintiff boarded a flight operated by the defendant airline that was traveling from Colorado, to Arizona, to New York. She sat in the window seat, and another passenger sat in the aisle seat. Shortly before takeoff, the tortfeasor sat in the middle seat of the row, next to the plaintiff. According to the plaintiff, the tortfeasor smelled of alcohol and was stumbling, slurring his words, and was fidgeting and agitated.

It is reported, though, that other parties testified that the tortfeasor was merely enthusiastic. At some point during the flight, the tortfeasor sexually assaulted the plaintiff. The plaintiff ultimately filed a lawsuit against the defendant, arguing, among other things, that its negligence caused the plaintiff harm. The plaintiff then moved for summary judgment on numerous issues. Continue Reading ›

New York Court Discusses Evidentiary Burdens Imposed on Parties in Medical Malpractice Cases

Published on: April 23, 2022 | By Jeff DeFrancisco

People who suffer from concerning symptoms will typically present to their doctor to obtain a diagnosis and any necessary treatment. If a doctor fails to conduct the tests needed to obtain an accurate view of a patient’s health or neglects to advise them of the risks associated with a proposed course of care, however, the patient’s condition may worsen, and the doctor may be liable for medical malpractice. Recently, a New York court explained the evidentiary burdens imposed on parties in medical malpractice cases in an opinion in which it affirmed the existence of factual disputes that necessitated a trial. If you were injured by your doctor’s errors, you have the right to seek compensation, and you should meet with a Syracuse medical malpractice attorney as soon as possible.

History of the Case

It is alleged that the decedent presented to the defendant’s radiology center for CT scans of the chest on numerous occasions from 2011 through 2014. Based on the findings of the tests, the defendants diagnosed her with small airway inflammatory disease. In the spring of 2014, though, she underwent a PET scan and fine-needle aspiration, which ultimately revealed malignant cells.

Reportedly, the plaintiff brought a lack of informed consent and medical malpractice claims against the defendants. Following her death, the administrator of her estate was substituted as the plaintiff. The defendants moved to have the plaintiff’s claims dismissed via summary judgment, but the trial court denied their motion. They then appealed. Continue Reading ›

New York Court Denies Summary Judgment in Favor of a Defendant in a Medical Malpractice Case

Published on: April 22, 2022 | By Jeff DeFrancisco

Mistakes made by medical professionals tending to a mother during labor and delivery can have devastating consequences and may constitute grounds for pursuing medical malpractice claims. Defendants accused of medical negligence rarely admit liability, however, and in fact, in most cases, will assert that the court should find in their favor. In a recent opinion issued in a case in which the plaintiff asserted that she and her infant suffered harm due to medical malpractice, the court examined what each party must prove with respect to motions for summary judgment. If you or your child sustained injuries due to errors during or after the birthing process, you might be able to recover damages, and you should confer with a trusted Syracuse medical malpractice attorney.

The Plaintiff’s Harm

It is alleged that the plaintiff presented to the defendant’s hospital to deliver her infant son. Complications arose during delivery, and the child ultimately suffered injuries. The mother brought a lawsuit against the defendants alleging their medical negligence caused her and her son to suffer harm. The defendants moved for summary judgment in their favor. The trial court denied the defendants’ motions, and they appealed.

Dismissal of a Plaintiff’s Claims in a Medical Malpractice Case

After reviewing the evidence presented, the appellate court affirmed the trial court ruling. The appellate court explained that a defendant pursuing summary judgment in a medical malpractice case must demonstrate, prima facie, either that they did not depart from the accepted practice of medicine or that any alleged deviation from the standard of care did not proximately cause the plaintiff’s injuries. Continue Reading ›

Court Discusses Establishing the Right to Summary Judgment in a New York Medical Malpractice Case

Published on: April 22, 2022 | By Jeff DeFrancisco

Defendants in New York medical malpractice cases will often not only deny liability but will also assert that the evidence so clearly demonstrates their lack of fault that they should be granted judgment in their favor as a matter of law. A defendant seeking summary judgment in a medical malpractice case faces a high burden of proof, however, as demonstrated in a recent opinion issued by a New York court. If you sustained injuries due to the recklessness of a physician, you should contact a Syracuse medical malpractice attorney as soon as possible to discuss what you must prove to recover damages.

Procedural History of the Case

It is alleged that the plaintiff commenced a lawsuit against the defendants, asserting lack of informed consent, medical malpractice, and wrongful death claims arising out of the treatment and care of her deceased father. Specifically, she alleged that their failure to diagnose his lung cancer in a timely manner caused his premature demise. The defendants each moved for summary judgment; the plaintiff opposed their motions and submitted redacted expert affirmations in support of her opposition.

New York Court Discusses Apparent Authority to Sign Agreements Relating to Medical Care

Published on: April 20, 2022 | By Jeff DeFrancisco

In most medical malpractice cases filed in New York, the plaintiff has the right to choose the venue where the matter will be heard. There are exceptions to the general rule, though, such as in cases in which the parties entered into an agreement containing provisions relating to forum selection. While forum selection clauses are clearly enforceable if they are signed by both parties in a case, it is less evident if they should be upheld when another person signed on one party’s behalf. Recently, a New York court issued an opinion in a medical malpractice case in which it discussed apparent authority in the context of agreements containing forum selection clauses. If you suffered losses due to negligent medical care, it is advisable to meet with a Syracuse medical malpractice attorney concerning your potential claims.

Facts of the Case

It is alleged that the decedent was a resident at the defendant’s nursing home prior to his death. After he passed away, the plaintiff, the decedent’s daughter, filed a lawsuit against the defendant, asserting medical malpractice and wrongful death claims. The plaintiff filed the case in Bronx County, but the defendant moved to transfer the matter to Westchester County based on an agreement signed by the plaintiff at the time of the decedent’s admission.

It is reported that the trial court denied the motion due to the fact that the defendant neglected to offer proof that the plaintiff had apparent authority to enter into the agreement on the decedent’s behalf. The defendant subsequently renewed its motion, relying on the plaintiff’s deposition testimony to establish apparent authority. Continue Reading ›