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…
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).…
In this case, plaintiffs filed an action to recover damages against the defendants for the injuries allegedly sustained by the plaintiff in a car accident on February 16, 2009, on Motor Parkway at or near its intersection with Express Drive North, County of Suffolk, State of New York, when Plaintiff…
A man working as a millwright for a saw mill in Florida had been working at the same saw mill for the past twenty-four years. His job required him to do heavy manual labor consisting of bending from the waist to lift heavy objects and carrying the heavy objects. As…
This medical malpractice action commenced on behalf of the plaintiff is premised upon the alleged negligence of defendants in the placement of spinal cordstimulator leads, and the alleged departures from good and accepted standards of care relative thereto, causing plaintiff to suffer a spinal injury, loss of motor function bilaterally,…
The Bronx complaint of this action sets forth causes of action sounding in medical malpractice, lack of informed consent asserted on behalf of the complainant woman and a derivative claim asserted on behalf of her spouse. It is claimed that the accused parties negligently departed from good and accepted standards…
The Department of Children and Family Services (DCF) appeals the trial court’s final judgment against DCF finding DCF negligent and awarding the complainants as guardians and adoptive parents of a child, the sum of $26,849,849.06. DCF raises several issues on appeal that the Appellate Court affirms without comment. The Court…
Claimant is a young woman who studied dancing most of her life. She was employed as a dancer at a famous theme park owned by the appellant Company, for several years. She first injured her back during a dance routine on January 11, 1981. After a spinal injury operation, she…