Syracuse Personal Injury Law Blog

New York No-Fault Exceptions Partially Applied in Car Accident Involving Mother and Child

Published on: March 13, 2020 | By Jeff DeFrancisco

Under New York law, there are certain categories of injuries that can take a case outside the limitations of the “no fault” laws that would otherwise apply (and limit the injured person’s recovery substantially). Of course, as with everything else concerning Syracuse car accident cases, the insurance company that insured the careless driver will probably argue that the case should stay within the confines of no fault – thus saving them a payout on an injury claim caused by their negligent or reckless insured. Ultimately, these issues are resolved by a judge (and a jury if the case proceeds that far) – at least in cases in which the injured person retains counsel and fights for his or her legal rights, rather than allow the insurance adjuster to decide what is or is not due the victim.

Facts of the Case

The plaintiff in a recent case were the parents of a minor child who was allegedly injured in a car accident caused by the defendant driver. The wreck happened when the car in which the child was riding was struck from behind by the defendant driver while waiting to turn left. Neither the minor child nor his mother (who was driving the car) sought medical care immediately after the accident. However, both later complained of injuries that they believed were caused by the crash. The parents filed suit against both the driver and owner of the vehicle on the minor’s behalf, and the mother sued in her own right, as well, seeking monetary compensation for medical expenses, pain and suffering, and other losses caused by the motor vehicle accident.

The defendants filed a motion for summary judgment dismissing the plaintiffs’ complaint. The Supreme Court of Broome County partially granted the motion, thereby dismissing the mother and the child’s claims of serious injury under the permanent consequential limitation of use category and dismissing the mother’s claim of serious injury under the significant limitation of use category. The defendants appealed the trial court’s denial of the remainder of their motion; the plaintiffs cross appealed.

New York Court Affirms Dismissal of Product Liability Lawsuit Involving Remote Control Boom Crane

Published on: March 10, 2020 | By Jeff DeFrancisco

In a Syracuse product liability lawsuit, the plaintiff may have multiple theories of liability – design defect, failure to warn, negligence, etc. Because several different entities in the supply chain may be held liable, these types of cases may have multiple defendants, as well.

Often, one or more defendants will seek to have the case dismissed as to them. Depending upon how the court rules on these motions, the case may proceed to trial against a single defendant or multiple defendants, or it may be dismissed entirely. The testimony of expert witnesses is often crucial in these cases, as the plaintiff must be able to show that there is enough evidence for the case to proceed to trial.

Facts of the Case

The plaintiffs in a recent case were a man who was allegedly pinned and crushed due to a malfunctioning remote control device that was used to operate a boom crane. The plaintiff, joined by his wife, filed suit against several entities that they believed were responsible for the manufacturing, distribution, and sale of the device, asserting claims for strict liability and breach of warranty. After the man died in 2016, his wife continued the action both individually and as the administratrix of his estate, adding wrongful death and conscious pain and suffering causes of actions.

New York Appellate Court Reverses Entry of Summary Judgment to Medical Providers in Fatal Hypoxic Brain Injury Medical Malpractice Case

Published on: February 29, 2020 | By Jeff DeFrancisco

In most Syracuse medical malpractice cases, one or more healthcare provider defendants will file what is known as a “motion for summary judgment.” This procedural device may sound harmless enough, but it is often deadly to the plaintiff’s pursuit of fair compensation for an act of medical negligence.

Summary judgment can effectively end a plaintiff’s case as to certain defendants, certain claims, or in its entirety. When a trial court grants such a motion, the court is basically telling the plaintiff that, even if everything he or she says is true, there is no genuine issue of material fact in his or her case and the defendant is entitled to judgment as a matter of law. Fortunately, there is an appellate process for reviewing a trial court’s granting of summary judgment. Many such appeals are successful, giving the plaintiff’s a second chance to have his or her case proceed to a trial on the merits.

Facts of the Case

In a case arising in the Supreme Court of Erie County, the plaintiff was the administratrix of the estate of a man who died from acute respiratory failure following a hypoxic brain injury that occurred as a result of an emergency tracheostomy that was performed when the man returned to the defendant medical center after he had been dismissed earlier in the day when the defendant anesthesiologist and a nurse (who was employed by the medical center) failed in their attempts to intubate the man in preparation for surgery on his shoulder.

Appellate Court Finds That Summary Judgment Was Improper When New York Doctor Did Exercise Independent Medical Judgment

Published on: February 27, 2020 | By Jeff DeFrancisco

Sometimes a doctor or other medical provider will attempt to avoid a finding of liability in a Syracuse medical malpractice lawsuit by claiming that he or she did not exercise any independent medical judgment in the care and treatment of the patient. If a physician was truly just passing through the operating room at the time of the medical negligence, perhaps this is a justifiable defense. However, this argument is often revealed as less than truthful, once the facts begin to present themselves.

If the patient can establish that a doctor-patient relationship existed between the parties and that and the defendant doctor’s breach of the applicable standard of care was the proximate cause of the harm for which he or she seeks compensation, the patient may be entitle to payment for damages caused by the doctor’s negligent treatment or care.

The Facts of the Case

In a case appealed to the New York Appellate Division, Fourth Department the plaintiff was a mother who sought a monetary judgment for injuries that her daughter suffered when the defendant doctor allegedly failed to address certain postsurgery complications in a manner that was timely and appropriate. According to the plaintiff, the defendant’s treatment of her daughter had fallen below the applicable standard of care and this was a contributing factor for injuries for which she sought money damages.

New York Court Reverses Summary Judgment for Anesthesiologist in Shoulder Injury Case

Published on: February 20, 2020 | By Jeff DeFrancisco

Most medical procedures come with some degree of risk. Patients are supposed to be informed of both the potential risks and benefits of a given procedure prior to giving their consent. When a physician fails to obtain informed consent, or if the doctor deviates from the standard of care and injures the patient by his or her mistake, a Syracuse medical malpractice claim may be possible against the negligent medical provider. Like other types of medical negligence cases, surgical malpractice cases usually require expert testimony in order to establish several elements, including the standard of care that the doctor should have followed and whether any deviation from this standard was the proximate cause of harm to the patient.

Facts of the Case

In a recent case considered on appeal by the New York Appellate Division, First Department, the plaintiff was a woman who alleged that she had suffered an injury to her brachial plexus as a result of an interscalene nerve block, which she underwent prior to having arthroscopic surgery on her shoulder. She filed a medical malpractice lawsuit in the Supreme Court of New York County, seeking monetary compensation from several defendants, including the anesthesiologist who performed the nerve block, an anesthesiology fellow, a medical center, and the physician who performed the plaintiff’s shoulder surgery. The trial court granted summary judgment to the anesthesiologist, the anesthesiology fellow, and the medical center, prompting the plaintiff to seek appellate review.

Outcome of the Appeal

The appellate court modified the lower court’s decision to vacate the dismissal of the plaintiff’s complaint against the anesthesiologist and the medical center, thereby reinstating the medical malpractice and lack of informed consent claims against the anesthesiologist and the vicarious liability claim against the medical center (based on the doctrine of ostensible agency). According to the reviewing court, the lower tribunal had been wrong in granting summary judgment to the anesthesiologist because the plaintiff’s expert affidavits raised issues of fact on the issues of the defendants’ alleged deviation from the standard of care and causation.

New York Appellate Court Finds that Summary Judgment Was Improper Due to Lack of Evidence that Motorcycle Operator Took Reasonable Measures to Avoid Crash with Dump Truck

Published on: February 14, 2020 | By Jeff DeFrancisco

After a Syracuse motor vehicle accident, the drivers, eyewitnesses, and first responders likely have their own opinions as to who caused the crash – Driver A or Driver B, assuming it was a two-vehicle accident. However, in some situations, it is determined that the parties have shared fault in causing the wreck. Under New York law, a party’s monetary recovery in a negligence case is reduced in proportion to the percentage of fault attributed to him or her by the finder of fact. Thus, insurance companies have an incentive to blame the opposing party if at all possible, so as to pay a lesser amount of damages even if their own insured was “mostly” to blame. Thus, it is very important that a person who has been hurt in a car, truck, or motorcycle collision talk to an experienced personal injury attorney as soon as possible so that his or her legal rights may be protected.

Facts of the Case

In a recent case filed in the Supreme Court of Steuben County, the plaintiff was a woman who was riding as a passenger on a motorcycle when it collided with a dump truck that allegedly ignored a traffic control device. She filed suit against the owner and operator of the dump truck, as well as the driver of the motorcycle. The dump truck owner and operator filed a cross claim against the motorcycle driver, alleging that he was to blame for the accident and seeking indemnification and contribution. The motorcycle driver passed away while the lawsuit was pending, and the administratrix of his estate was substituted. The trial court granted the administratrix’s motion for summary judgment dismissing the cross claim asserted against her.

The Court’s Ruling on the Issues

The Supreme Court of the State of New York, Appellate Division, Fourth Judicial Department reversed the trial court’s order granting the administratrix’s motion for summary judgment on the cross claim of the remaining defendants. The court noted that, in moving for summary judgment, the administratrix had the initial burden of showing, as a matter of law, that the motorcycle driver was operating his motorcycle in a lawful and prudent manner and that “there was nothing [he] could have done to avoid the collision.” In the court’s opinion, the administratrix failed in this burden.

New York Appellate Court Refuses to Disturb Jury’s Defense Verdict in Slip and Fall Lawsuit

Published on: February 6, 2020 | By Jeff DeFrancisco

In order to prove liability in a Syracuse slip and fall case, the plaintiff must be able to show that an unreasonably safe condition existed and that the defendant proximately caused his or her injuries by creating the condition or in allowing the condition to remain after it should, by the exercise of due diligence, have been discovered and corrected. Without this important link of causation, the plaintiff will not be successful at trial. In many premises liability cases, the defendant will readily admit that there was a dangerous condition that led to the plaintiff’s injuries but deny that it created the condition or knew/should have known about the situation. When evidence is conflicting, it is the job of the jury to resolve any contradictions in the evidence. It is very difficult (although not impossible) to disturb a jury’s verdict on appeal.

Facts of the Case

In a recent case arising in the Supreme Court of Kings County, the primary plaintiff was a carpenter who was hurt when he slipped and fell on a wet floor while installing carpet in a building upon which the defendant waterproofing company had been hired to repair a recurrent leak. According to the complaint filed by the carpenter and his wife, the defendant had been negligent in its repair of the roof, thus causing the wet floor conditions that allegedly led to the carpenter’s fall. The case was tried to a jury, which returned a verdict in the defendant’s favor on the basis that the defendant had not created or exacerbated the unsafe condition of the floor. The trial court entered judgment upon the jury’s favor, and the plaintiffs appealed.

The Appellate Court’s Holding

The Supreme Court of the State of New York, Appellate Division, Second Judicial Department, affirmed the trial court’s order entering judgment on the jury’s verdict in favor of the defendant. Although the plaintiffs argued on appeal that the jury’s verdict had been against the weight of the evidence, the reviewing tribunal disagreed with this assertion. A jury verdict could only be set aside as being “contrary to the weight of the evidence” if the evidence preponderated so heavily in favor of the party seeking relief from the verdict that the jury could not have fairly interpreted the evidence. If a different view from that promulgated by the party seeking relief on appeal could be reasonable had, the verdict should not be disturbed. Rather, there should be a presumption that the jury viewed the evidence in that light supposed by the prevailing party, rather than in the manner insisted upon by the opposing party.

New York Appellate Court Denies Summary Judgment to County in Motorcycle Accident Case

Published on: January 29, 2020 | By Jeff DeFrancisco

A Syracuse motorcycle accident can cause serious, life-threatening personal injuries or even death. Those who have been hurt or lost a loved one in a motorcycle crash have certain legal rights, including the right to file a negligence claim against the person or persons responsible for the accident. If the claim is successful, the victim or his or her family may receive payment for medical treatment, lost earnings, pain and suffering, and other losses caused by the accident. It is important that legal action be taken promptly, as there is a strict statute of limitations in these types of cases. Claims not filed within the time set by state law are likely to be dismissed.

Facts of the Case

In a recently decided appellate court case, the plaintiff was the guardian of a motorcyclist who was injured in a 2012 accident that occurred when the motorcyclist hit a utility pole after swerving to avoid a car that was exiting a driveway. The guardian filed separate lawsuits against the driver of the car and the county in which the accident occurred, alleging that the motorist was negligent in the operation of his vehicle and that the county was negligent in failing to maintain the vegetation along the street where the accident occurred and in designing the street with a certain curvature. After the suits were consolidated, the county filed a motion for summary judgment, which the Supreme Court of Tompkins County denied. The county appealed.

The Decision of the Appellate Court

The New York Appellate Division, Third Department, affirmed the lower court’s decision to deny the county’s motion for summary judgment. The court first noted that the driver of the automobile that had pulled out in front of the motorcycle had explained that he did so because his view was obstructed by trees, bushes, and the curve of the road. According to the appellate tribunal, it was undisputed that the county had a duty to maintain the street in a reasonably safe condition; that duty included trimming vegetation within the street’s right-of-way to assure visibility of traffic.

New York Court Rules that Medical Malpractice Claim of Patient Suffering Vision Issues Fails

Published on: January 25, 2020 | By Jeff DeFrancisco

In order to successfully maintain a Syracuse medical malpractice lawsuit, the burden of proof is on the plaintiff to provide evidence that the defendant breached the standard of care that applied to the particular situation at hand and that this breach was the proximate cause of any damages for which the plaintiff seeks compensation. Many times, the defendant in a medical negligence lawsuit will seek dismissal of the claim on the grounds that the plaintiff has not provided sufficient evidence for the case to go to trial. Only if there is a genuine issue of material fact that must be resolved by the finder of fact (the jury or, sometimes, the trial court judge) will the case proceed past the summary judgment phase of litigation.

Facts of the Case

The plaintiff in a recent New York medical malpractice case alleged that he had suffered corneal edema due to surgery performed by the defendant osteopathy doctor. More particularly, the plaintiff asserted that an “ex-press” glaucoma shunt surgery had caused him to need cornea transplant surgery and suffer loss of vision in one eye. The plaintiff’s lawsuit was filed in the Supreme Court of New York County. The defendant sought dismissal of the claim against her, arguing that she was entitled to summary judgment insomuch as the defendant had present a triable issue of fact. The trial court agreed that the defendant was entitled to judgment as a matter of law and dismissed the plaintiff’s malpractice and informed consent claims.

The Resolution of the Appeal

The New York Appellate Division, First Department affirmed the lower court’s ruling, thus agreeing that it had been proper to dismiss the plaintiff’s complaint. According to the reviewing court, the plaintiff had not provided the necessary evidence to survive the defendant’s motion for summary judgment. Rather, in the reviewing court’s view, the plaintiff had merely “reiterated that the defendant was responsible” for his injuries.

New York Court Reverses Order Granting Summary Judgment to OB-GYN in Case Involving Death of Mother Attempting VBAC Home Birth

Published on: January 22, 2020 | By Jeff DeFrancisco

Not all doctors are held to the same standard of care. For example, it would probably be difficult to hold a podiatrist liable for failing to diagnose an abscessed tooth in a Syracuse medical malpractice case, even if the podiatrist was the only medical professional that the patient had seen recently. Rather, care and treatment by doctors who specialize in a particular field is measured according to others in that field. Would a reasonable podiatrist have diagnosed a problem tooth under the circumstances? Probably not (although he or she might have recommended follow-up with a dentist). In contrast, a podiatrist’s failure to recognize and treat a life-threatening infection in a foot wound might result in a finding of liability for negligence, as well as substantial damages at trial.

Likewise, certain knowledge and skill is expected of doctors who specialize in the care and treatment of expectant and laboring mothers. When this duty of care is breached, a family injured by this act of malpractice should have their day in court.

Facts of the Case

In a case originally filed in the Supreme Court for Putnam County, the plaintiff was a man who filed a medical malpractice lawsuit seeking compensation for the death of a woman who died from a uterine rupture and hemorrhage during a home birth assisted by a certified nurse midwife. According to the plaintiff, the decedent had previously given birth via cesarean section but was, at the time of her death, attempting to deliver a child vaginally. The plaintiff further alleged that the decedent’s uterus had ruptured during the attempted vaginal birth after cesarean section (VBAC) and that she had suffered a fatal hemorrhage as a result. Several different medical providers were named in the plaintiff’s lawsuit, including an obstetrician/gynecologist (OB-GYN) and his medical practice.