Syracuse Personal Injury Law Blog

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

Published on: December 28, 2023 | By Jeff DeFrancisco

The majority of car accidents occur due to careless driving. In many cases arising out of collisions, though, the parties dispute whose negligent operation of a vehicle actually caused the crash. In such instances, the courts typically will not order judgment as a matter of law in one party’s favor, as demonstrated in a recent New York case. If you were involved in a harmful collision, it is advisable to talk to a Syracuse personal injury attorney about what damages you may be owed.

Facts and Procedure of the Case

It is reported that the plaintiff was driving a sedan on an expressway when his vehicle was allegedly struck from behind by an 18-wheel tractor-trailer owned by the defendant owner and driven by the defendant driver. The plaintiff filed a lawsuit alleging the defendants negligently owned and operated the tractor-trailer. The defendants then removed the case to federal court based on diversity jurisdiction.

Allegedly, during discovery, the parties presented conflicting versions of events. Both parties provided diverging deposition testimonies, with the plaintiff asserting he was rear-ended and the defendant contending that the plaintiff side-swiped the truck while changing lanes. When discovery closed, the defendant moved for summary judgment. Continue Reading ›

New York Court Examines Proximate Cause in Medical Malpractice Matters

Published on: December 23, 2023 | By Jeff DeFrancisco

In any medical malpractice matter, the plaintiff must show not only that the defendant failed to abide by the prevailing standard of care but also that the defendant’s deviation from the standard of care proximately caused the plaintiff to suffer harm. If the plaintiff does not meet this burden, their claims may be dismissed, as demonstrated in a recent New York ruling. If you were injured due to a doctor’s neglect, it is in your best interest to confer with a Syracuse medical malpractice attorney to discuss your options.

History of the Case

It is reported that the first defendants, a physician assistant, and a physician, respectively, attended to the plaintiff’s left leg pain during his emergency room visit at the defendant medical center. The plaintiff received subsequent treatment from the second defendants, vascular surgeons, and their medical practice, for the plaintiff’s lower left leg vascular disease at the hospital.

Allegedly, the plaintiff initiated a legal action seeking damages for medical malpractice from the defendants, alleging that they failed to timely diagnose and treat a thrombosed popliteal artery, ultimately resulting in an above-the-knee amputation. Both sets of defendants separately moved for summary judgment to dismiss the complaint. The trial court rejected the defendants’ arguments and denied the motions. The defendants appealed. Continue Reading ›

New York Court Discusses Establishing Liability in Car Accident Cases

Published on: November 28, 2023 | By Jeff DeFrancisco

In many collisions, the negligence of multiple drivers will combine to set off a chain of events that ultimately cause the crash. Simply because a car accident involves multiple drivers does not mean that they are all at fault, however, as discussed in a recent New York ruling. If you were injured in a car accident, you may be owed compensation, and it is smart to meet with a Syracuse personal injury attorney to determine what claims you may be able to pursue.

Facts and Procedural History

It is alleged that the plaintiff sitting in the front seat of a vehicle driven by the defendant driver one and owned by the defendant owner when it collided with another vehicle operated by the defendant driver two at the intersection of North Delaware Avenue and East Hoffman Avenue in Lindenhurst. The plaintiff commenced an action against the defendants to recover damages for personal injuries resulting from the collision. Defendant driver one and defendant owner moved for summary judgment. The trial court granted the motion, and the plaintiff appealed.

Establishing Liability in Car Accident Cases

On appeal, the court affirmed the trial court ruling. In doing so, it explained that in New York, a violation of a traffic law constitutes negligence as a matter of law. This law mandates that a driver approaching a stop sign must stop and yield the right of way to any vehicle within or approaching the intersection. Continue Reading ›

Court Distinguishes Negligence from Medical Malpractice in New York Case

Published on: November 11, 2023 | By Jeff DeFrancisco

Home health care aides are expected to ensure that the people they assist are safe an well taken care of; unfortunately, however, they do not always possess the skills and training needed to do so, and falls and other harmful incidents often occur in their presence. While companies and individuals that provide home health care may offer medical services, merely because their negligence causes an injury does not mean that they will be liable for medical malpractice, as discussed in a recent New York case. If you were hurt in a fall, it is prudent to confer with a Syracuse personal injury attorney about your rights.

Facts and Procedure of the Case

It is reported that the plaintiff, the decedent’s son, entered into a contract with the defendant home health care company (Company) in June 2017 for home healthcare services for the decedent. The plaintiff, along with his girlfriend, left the decedent in the care of the defendant home health aide (Aide) on June 11, 2017. Upon their return 15 minutes later, they found the decedent on the floor near her bed.

Allegedly the Aide, who was present until the end of her shift, did not file an incident report, as required by the Company, and did not contact the Company. The plaintiff initiated legal action, alleging negligence by the Company in providing care and supervision and asserting claims of negligent hiring, training, and supervision. The defendant moved for summary judgment. Continue Reading ›

New York Court Discusses Proof of Proximate Cause in Car Accident Cases

Published on: October 20, 2023 | By Jeff DeFrancisco

Car accidents are unfortunately common in New York, and while some people involved in collisions walk away without harm, many suffer significant injuries. People hurt in car accidents can recover compensation, but only if they can demonstrate that another party proximately caused their harm. In a recent New York case in which the defendant argued the plaintiff was at fault for a car crash, the court discussed the concept of proximate harm and what evidence is needed to establish negligence. If you sustained damages in a collision, it is wise to meet with a Syracuse personal injury attorney to discuss your possible claims.

Factual Background of the Case

It is alleged that the plaintiff initiated a lawsuit seeking compensation for personal injuries she sustained during a motor vehicle collision involving a car she was driving and a car owned and operated by the defendants. The defendants filed a motion for summary judgment to dismiss the plaintiff’s complaint, arguing that the accident resulted from the plaintiff’s attempt to change lanes when it was not safe to do so, and that her negligence was the only cause of the accident. The trial court denied the motion, and the defendants appealed.

Establishing Proximate Cause in New York Car Accident Cases

On appeal, the court affirmed the trial court ruling. The court considered the well-established legal principle that there could be more than one proximate cause of an accident but noted that the defendants bore the burden of establishing that they were not at fault in causing the accident or that another person’s negligence was the sole proximate cause of the accident, as they were the ones seeking summary judgment. Continue Reading ›

Court Discusses Demonstrating Liability for Medical Malpractice Under New York Law

Published on: October 13, 2023 | By Jeff DeFrancisco

It is not uncommon for a patient to undergo multiple procedures for a single medical issue. While typically, such treatment will offer them relief, in some cases, it will unfortunately result in compounded harm. In such cases, more than one provider may be deemed liable, as demonstrated in a recent New York case in which the plaintiffs sought medical malpractice claims against multiple defendants. If you were harmed due to an improperly performed procedure, it is advisable to talk to a Syracuse medical malpractice attorney about your rights.

Case Background

It is reported that the plaintiff underwent surgery at the defendant hospital involving mesh placement to repair a hernia. Another surgery was scheduled for later that year, with the defendant doctor as the surgeon, to perform a radical prostatectomy to treat the plaintiff husband’s prostate cancer. However, the defendant doctor aborted the procedure upon discovering intraoperatively that the mesh from the previous surgery had migrated, rendering the prostatectomy unsafe. Subsequently, the plaintiff husband’s prostate cancer was treated with radiation therapy.

Allegedly, the plaintiff husband and his wife, commenced an action against several defendants, including the defendant hospital and defendant doctor, to seek damages for medical malpractice and lack of informed consent resulting from surgeries performed on the plaintiff husband. The complaint alleged that the defendant hospital failed to properly implant the mesh and that the defendant doctor failed to discuss treatment alternatives for the prostatectomy, leading to a cause of action based on lack of informed consent. After discovery was complete, the defendants moved for summary judgment. The trial courts denied their respective motions, after which they appealed. Continue Reading ›

New York Court Discusses Medical Malpractice Versus Ordinary Negligence

Published on: September 21, 2023 | By Jeff DeFrancisco

In New York, EMTs providing ambulance services constitutes healthcare. As such, if they render their services improperly, they can be liable for medical malpractice. Not all duties performed by EMTs require an analysis of the standard of care imposed on health professionals, however, as some errors merely constitute negligence. In a recent New York case, the court discussed the difference between negligence and medical malpractice, ultimately determining that the plaintiff set forth a malpractice claim. If you were injured by inadequate medical care, it is wise to meet with a Syracuse medical malpractice attorney to determine what damages you may be owed.

Factual History of the Case

It is alleged that in May 2017, police officers had an altercation with the decedent that ultimately resulted in an officer shooting the decedent. The defendant ambulance company was dispatched to the scene to provide the decedent with emergency medical services and to transport him to the hospital following the incident.

Reportedly, the decedent passed away, after which the plaintiff filed a lawsuit against the city and the defendant ambulance company, asserting wrongful death and negligence claims. The specific claim against the defendant ambulance company alleged it negligently provided first aid and medical treatment to the decedent, resulting in his death. The defendant moved for summary judgment, arguing that the claim sounded in medical malpractice, and as the plaintiff failed to offer expert testimony in support of her claim, it should be dismissed. Continue Reading ›

New York Court Discusses Grounds for Summary Judgment in Car Accident Cases

Published on: September 13, 2023 | By Jeff DeFrancisco

Collisions involving bicyclists often cause catastrophic harm. In many cases arising out of bike accidents, defendants will often try to avoid liability by assigning fault to the plaintiff. Unless the evidence clearly demonstrates that a defendant bears no fault, however, the court will not rule in their favor as a matter of law, as illustrated in a recent New York ruling. If you or a loved one were involved in a bicycle-car collision, it is advisable to meet with a Syracuse personal injury attorney to evaluate your potential claims.

Factual and Procedural Setting

It is reported that the plaintiff, a minor, was involved in a bicycle accident when he attempted to cross a street. The accident occurred when the defendant driver collided with the plaintiff while operating a vehicle that belonged to the defendant owner. The plaintiff filed a lawsuit against the defendants, asserting that their negligence caused the accident and his subsequent injuries. The defendants responded by moving for summary judgment, arguing that they were not at fault in the accident. The trial court denied the motion, and the defendants appealed.

Grounds for Summary Judgment in Car Accident Cases

On appeal, the court reversed the trial court ruling. In doing so, it noted that a defendant seeking summary judgment in a negligence case must establish, prima facie, that they were not responsible for the accident. Moreover, the court emphasized that a driver with the right-of-way is entitled to assume that other drivers will adhere to traffic laws requiring them to yield. In cases where a driver with the right-of-way has only seconds to react to a vehicle that has failed to yield, they are not comparatively negligent for failing to avoid a collision. Continue Reading ›

New York Court Expert Qualifications in Medical Malpractice Cases

Published on: August 29, 2023 | By Jeff DeFrancisco

Medical malpractice cases often hinge on the qualifications of expert witnesses and the interpretation of applicable standards of care. As such, the disqualification of a party’s expert witness can be devastating to their case. Recently, a New York court discussed expert qualifications in a medical malpractice case in which it ultimately determined that the plaintiffs’ expert was qualified to opine on the issue of whether the defendants violated the relevant standard of care. If you were hurt due to a negligently performed procedure, it is prudent to speak to a Syracuse medical malpractice attorney regarding your possible claims.

Factual and Procedural History

It is alleged that the plaintiffs, a husband and wife, filed a lawsuit against the defendants, alleging that an improperly performed blood draw at the defendants’ laboratory facility caused the plaintiff-wife to suffer severe and permanent. The complaint sounded in failure to obtain informed consent, medical malpractice, and loss of consortium. The defendants moved to strike the plaintiff’s expert, an anesthesiologist, from testifying on the grounds that he was not qualified as an expert witness on the issue of the standard of care for the blood draw procedure.

Demonstrating an Expert Is Qualified to Testify in Medical Malpractice Cases

In this case, the admissibility of expert testimony is governed by Federal Rule of Evidence 702, which requires that an expert possess knowledge, skill, experience, training, or education relevant to the case. Rule 702 serves as a gatekeeper to ensure that expert testimony is both reliable and pertinent to the matter at hand. Continue Reading ›

New York Court Discusses Liability for Crashes Caused by Overgrown Vegetation

Published on: August 24, 2023 | By Jeff DeFrancisco

Motorists approaching intersections generally must check for oncoming traffic before proceeding. If an obstruction inhibits their vision, though, they may not be able to ensure that the way is clear. For example, if a property owner allows bushes or trees that grow adjacent to the intersection to become overgrown, they may hinder motorists’ views. Recently, a New York court addressed the issue of whether a homeowner can be liable for failing to maintain their vegetation if said vegetation allegedly causes a fatal car accident. If you lost a loved one in a car crash, it is smart to talk to a Syracuse personal injury attorney to determine what claims you may be able to pursue.

Facts of the Case

It is alleged that the plaintiff’s decedent sustained injuries in a collision between the vehicle he was driving and a vehicle owned by the defendant owner and driven by the defendant driver. The collision occurred at an intersection, where the plaintiff’s decedent encountered a stop sign while the defendant driver did not have a stop sign. The plaintiff’s decedent initiated a lawsuit to recover damages, naming the town where the accident occurred, the defendant driver and owner, and the owners of the property adjacent to the intersection as defendants.

Reportedly, the defendant property owners moved for summary judgment to dismiss the complaint, and the court granted their motion. The plaintiff plaintiff’s decedent appealed, and during the appeal, he passed away, resulting in the plaintiff taking over the case as the administrator of his estate. Continue Reading ›