Court Holds First Responders Can Be Liable for Death Even Where Patient Found In A Life-Threatening, Nonresponsive State

The decision of First Department, in King v. St. Barnabas Hospital., 2011 WL 2567782 (June 30, 2011), a medical malpractice case, interestingly found that the evidence from which a jury could find that the proximate cause of the death of a heart attack victim came not from expert testimony on behalf of the plaintiff but from [t]he very … Read the rest

New Yorks Law Against Text Messaging While Driving Signed by Governor Cuomo; Penalty for Using Cell Phone While Driving Rises from Two to Three Points

Effective immediately, it is a primary traffic offense for drivers to use handheld electronic devices for activities such as texting while a vehicle is in motion, thereby giving law enforcement the power to stop drivers solely for engaging in this activity. Before this law, it was illegal for drivers to use handheld electronic devices while their vehicle was in motion, … Read the rest

Court of Appeals Applies Both New York Law and Ontario Law to Fatal Bus Crash

In Edwards v. Erie Coach Lines Company, 131, NYLJ 1202499068316 (Decided June 30, 2011), New York States highest court was called upon to answer a choice-of-law question regarding a motor vehicle accident wherein a charter bus carrying members of an Ontario women’s hockey team plowed into the rear-end of a tractor-trailer parked on the shoulder of the highway near … Read the rest