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For plaintiff to prevail in a medical malpractice action, he or she must establish two elements: 1) That the defendant departed from good and accepted practice in its treatment of the plaintiff, and: 2) That the departure was a proximate cause, or substantial factor in causing the injury claimed. These

In personal injury cases where a party’s mental or physical condition “is in controversy, any party may serve notice on another party to submit to a physical, mental or blood examination by a designated physician”. (CPLR §3121[a]) The party to be examined will receive a notice from the party seeking

Colella v. The Port Authority of New York and New Jersey (NYLJ, 10/1/12) is another example of how the trial courts seek to apply the various interpretations with respect to a worker seeking recovery for injuries incurred in  an elevation-related task under New York’s “Scaffold Law” (Labor Law §240(1)). In this

It was during the fall of 1968 when a young Civil Court Judge left a meeting of the Queens County Bar Association with a unique thought. “There are highly respected ethnic-based lawyer organizations throughout. Why not a professional organization of Jewish lawyers in Queens?” he pondered. And so a wondrous

The issue of whether the plaintiff suffered a “serious injury” as defined in the Insurance Law §5102 (d) is raised constantly in those cases in which a plaintiff claims soft tissue injuries, bulging discs, disc herniations, and other cervical and lumbar syndromes. Where the court concludes that a claimed injury

Under our civil law, the plaintiff has the burden of proof to establish by a fair preponderance of the credible evidence that the injury sustained resulted through the negligence of the storekeeper defendant. The law also recognizes there are those cases where the instrumentality that caused the injury was within

The cases that require expert scientific support are quite common in the personal injury field. Take for example a typical medical malpractice case in which the plaintiff claims that Dr. “X” through his negligence caused injury “Y”. Typically, and at least thirty days prior to trial, plaintiff must, in accordance

There are thousands of products on the market, each of which can cause harm to the consumer or user of the product. When injury occurs as a direct consequence of use, there are various theories of law and legal remedies available to the consumer. For example, the product may have

Simply stated, negligence is the doing of an act that a reasonably prudent person would not do under the same or similar circumstances. Negligence is also defined as the failure to do an act that a reasonably prudent person would do under the same or similar circumstances. The above rule

Falling down steps is not an uncommon occurrence or unusual type of accident. It happens every day to people given the thousands of steps found overall in apartment buildings, subways, office buildings, private homes, commercial establishments, etc. The law is rather clear in a case where plaintiff falls and (1)