Cucalon v. Staten Island Univ. Hosp is a medical malpractice case that started off with the patient being diagnosed with a herniated disc and after treatment ending up with paraplegia. A herniated disc, also known as a slipped disc or ruptured disc, occurs when the soft inner core of a…
In Arrington v. Okesanya, the defendant moved for summary judgment under CPLR § 3212. The motion sought dismissal of the plaintiff’s medical malpractice complaint, arguing that Dr. Valsamis did not deviate from accepted medical practice during Reyes Pellot Jr.’s hospitalization at Brooklyn Hospital Center (“TBHC”) in 2014. In a medical…
In a case concerning alleged medical malpractice, the Supreme Court of Westchester County ruled on a motion for summary judgment involving issues surrounding the treatment of a patient following a car accident. A motion for summary judgment to dismiss a medical malpractice lawsuit is a legal maneuver where the defendant…
Peart v. Carreras, originating from a motor vehicle collision, focused on the complexities of proving the severity and causation of injuries. As with any personal injury case, the plaintiff must show that the injury suffered was serious. A serious injury within the meaning of Insurance Law § 5102(d) refers to…
A 90/180-day claim typically refers to a type of claim under New York’s No-Fault Insurance Law (Insurance Law § 5102(d)). It involves an assertion by a plaintiff that they suffered a qualifying injury that impaired their ability to perform substantially all of their daily activities for at least 90 out…
Nock v. N.Y.C. Dep’t of Educ., 75 N.Y.S.3d 330 (N.Y. App. Div. 2018) is the result of the Workers’ Compensation Board ruling against a claimant seeking benefits for a spinal injury allegedly sustained while performing her duties as a school lunch helper. The case, filed on August 24, 2016, involved…
A common issue when it comes to personal injury cases is whether the injury suffered was a “serious injury.” In Morales v. Calcano, 2020 N.Y. Slip Op. 34615 (N.Y. Sup. Ct. 2020), a motor vehicle accident case, the defendants moved for summary judgment, arguing that the plaintiffs did not suffer…
In Honer v. McComb, 6 N.Y.S.3d 849 (N.Y. App. Div. 2015), the County of Monroe appealed a decision denying their motion for summary judgment, which sought to dismiss the complaint against them. The incident involved a parking sign that became dislodged and struck the plaintiff, resulting in a catastrophic spinal…
When it comes to recovering damages in a personal injury lawsuit, the plaintiff must be able to prove that they suffered serious injuries. In the case of Martinez v. Hillard, the plaintiff filed a lawsuit to recover damages for injuries she allegedly sustained in a motor vehicle accident. The defendants…
In the case of Diarra v. City Bronx Leasing Two Inc., the plaintiff, Ibrahima Diarra, alleged injuries from a motor vehicle accident. The defendants moved for summary judgment to dismiss Diarra’s complaint, arguing that she failed to meet the “serious injury” threshold as defined by New York Insurance Law §5102(d).…