Neighbors Attempt to Make Rollerblading on Their Dangerous Property “At Your Own Risk” Fails

In Custodi v. Town of Amherst, 2012 WL 5305789 (October 30, 2012), the plaintiff broke her hip when she tripped and fell while rollerblading in her residential neighborhood. She fell as she attempted to rollerblade from the sidewalk into the street when one of her skates allegedly struck a two-inch height differential where the edge of defendants’ driveway met a drainage culvert that ran the length of the street. The Court of Appeals rejected the defendants’ motion to dismiss the lawsuit by contending that plaintiff necessarily assumed the inherent risk of a fall by choosing to rollerblade on their … Read the rest

Military Study Shows Excess Consumption of Energy Drinks Can Paradoxically Increase Sleep Problems and Daytime Sleepiness

Walter Reed Army Institute of Research analyzed data collected regarding armed service members in Afghanistan in 2010 to determine the extent of energy drink use and the association with sleep problems and sleepiness during combat operations. The analysis showed that 44.8% of deployed service members consumed at least one energy drink daily, with 13.9% drinking three or more a day.

Service members drinking three or more energy drinks a day were significantly more likely to report sleeping 4 hours or less a night on average than those consuming two drinks or fewer. Those who drank three or more drinks a … Read the rest

Forensic Handwriting Expert Permitted to Examine Hospital Records to Determine if Medical Malpractice Covered-Up

A frequent discussion we have with our clients in medical malpractice cases is whether a hospital’s or doctor’s records have been altered or rewritten. We and our clients often doubt the authenticity of the records. There have been occasions where the records our office obtains from a hospital or physician differ from the records our client has obtained directly from the provider. When the records are different, it is easier to establish that the records have been changed. In Lofton v. Grieco, a hospital was ordered to produce an original record of admission for a non-destructive examination, inspection and photographing … Read the rest