In New York, to establish a prima facie case of negligence, a plaintiff must prove (1) that the defendant owed a duty to plaintiff, (2) a breach thereof, and (3) injury proximately resulting therefrom. If, defendant’s negligence were a substantial factor, it is considered to be a “proximate cause” even…
Claimant was employed as a housekeeper at a Mental Health Center. She held the job for approximately three years until she was injured on 27 January 1993. While at work and engaged in the duties of her job on the premises of her employer, claimant suffered a knee injury. She…
Claimant, 49 years of age, worked in various positions at the employer’s saw mill, most recently as a millwright. Every position he held during his 24-year career involved arduous physical labor, including heavy lifting on a daily basis. Sometime in March 1998, claimant began experiencing pain in his hip and…
This action was commenced by a man to recover damages for personal injuries allegedly sustained in a motor vehicle accident. He alleges that he sustained neck and back injury when the vehicle he was driving, which was stopped for a red light, was struck in the rear by a vehicle…
The Hudson Bridge in New York was being repaired. The Bridge and Tunnel Authority, the owner of the Hudson Bridge hired a general contractor to do the repairs. The general contractor hired a subcontractor. Under the subcontract, the subcontractor was supposed to obtain insurance in behalf of the bridge owner…
Spinal injuries can cause problems that increase over the years from the date of injury. An injury that may not seem too severe at the time of injury can actually become much worse as the years go by. An injured spine is more likely to show signs of degenerative disc…
On August 1, 2005, a Manhattan manual laborer was working on a construction site that was being operated on a military base. The objective of the construction was to renovate some military housing buildings that were run down. In order to renovate the buildings, the construction crew had to first…
Europe’s second-largest oil company, BP Plc., settled one of the five cases set to go to trial last September on the day the trial was to start. The case concerns an explosion that occurred at its Texas Refinery in 2005. The two sons of a 26-year-old man who killed himself…
An electrical company based in Hertfordshire has been fined £120,000 after a man was knocked from a scissor lift and left paralyzed. The attending HSE’s (Health and Safety Executive) Inspector said “The fine reflects the seriousness of the omissions by this company. Skanska Rashleigh Weatherfoil Ltd employed people to do…
There are around 12,000 new cases of spinal cord injury every year in the United States. There are about 300,000 patients who are still living with the neurological aftereffects of spinal injury. Post-injury treatments for such injuries generally focus upon the treatment of complications like pain and urinary tract infections.…