Homeowner/Parents’ Duty to Supervise Departure of Underage Guest Who Became Intoxicated at House Party Extended to Ride Home in Car Driven by Son

Sometimes parents can try to do the right thing but end up liable for someone’s injuries anyway. In Aquino v. Higgins, 891 N.Y.S.2d 853 (4th Dept. 2009), reversed 2010 N.Y. Slip Op. 08386, 2010 WL 4642476 (November 18, 2010), the defendant parents permitted their daughter to host a party at their residence following a high school dinner dance.

Defendant … Read the rest

More McDonalds Cases for the Late Night Comics?

At first, it was coffee. Now it’s chicken sandwiches and cancer. Perhaps the greatest propaganda tool for the insurance industry in its self-serving campaign against supposedly frivolous lawsuits is the so-called McDonalds Case where the plaintiff sued for spilling hot coffee on herself. Never mind the hundreds and hundreds of prior complaints against the coffee McDonalds deliberately super-heated in order … Read the rest

New Yorks Statutes Aimed at Protecting Construction Workers Held to Apply to Accident on Indian Reservation

In Alexander v. Hart, — N.Y.S.2d —-, 2009 WL 1955556, 2009 N.Y. Slip Op. 05716 (N.Y.A.D. 3 Dept., 2009) the plaintiff, a service technician, fell while working on a rooftop heating, ventilation and air conditioning unit at defendants’ fitness center on the St. Regis Mohawk Reservation in Franklin County. The defendants moved to dismiss the plaintiff’s Labor Law 240(1) and … Read the rest

New York Plans Permanent Task Force on Wrongful Convictions

The Chief Judge of New York’s Court of Appeals, Hon. Jonathan Lippman, said on Law Day, May 1, 2009, that he would create a Justice Task Force to examine the causes of wrongful convictions and develop systemic remedies to minimize them and to make the states criminal justice system more effective. Importantly, the task force is permanent. Members of the … Read the rest

Police Assertion of Qualified Immunity Insufficient to Gain Dismissal of Civil Rights Claim For Death Resulting from Use of Excessive Force

Plaintiff Leroy Rasanen, in Rasanen v. Brown, — F.Supp.2d —-, 2009 WL 766205 (E.D.N.Y.,2009.) (decided March 25, 2009) brought this civil rights action pursuant to 42 U.S.C.1983 (“Section 1983”), alleging that New York State Troopers used excessive force in fatally shooting his son John Rasanen (“Rasanen”) during a search of Rasanen’s home. The plaintiff alleged that the shooting constituted excessive … Read the rest

1789 Law and Nuremburg Code Intersect to Permit Claims To Proceed Against Pfizer For Conducting Medical Experimentation Without Consent

The Alien Tort Statute, 28 U.S.C. 1350, a 1789 law, gives foreigners the right to raise tort claims in federal court to vindicate violations of ‘the laws of nations.’ The 10-principle Nuremberg Code was formulated as part of a war crimes trial conducted after World War II in which 15 doctors were convicted of crimes against humanity for conducting non-consentual … Read the rest

Woman Convicted of Computer Fraud After MySpace Taunts Leads to Young Girl’s Suicide

The woman accused of using MySpace to bully a vulnerable teenage girl who subsequently killed herself has been found guilty of three misdemeanor charges. Lori Drew created a fake MySpace profile in the name of Josh Evans and used the persona to flirt with a thirteen year old girl named Megan Meier, who her daughter had previously fallen out with.… Read the rest

Metrocard To The Rescue

We have written about how the New York City Transit Authority has taken to request claimants in personal injury suits produce the Metrocard that they used to board a bus or enter the subway system at the time that their accident occurred. It just happened in one of our cases yesterday morning. This past week it was reported that a … Read the rest

Court Rejects Medical Malpractice Defendants’ Attempt to Allow Jury to Find Plaintiff’s Father and Cousin, Both Physicians, Liable for Plaintiff’s Injuries

The plaintiff in Antaki v. Lerman sued North Shore University Hospital Plainview and Craig C. Lerman, MD alleging that he was the victim of medical malpractice in the hospital’s emergency room for failure to diagnose the presence of the bacteria C-difficile in his colon, which failure ultimately led to undergo surgery including a subtotal colonoscopy for the removal of the … Read the rest

New Law Makes It Harder to Introduce Evidence of Prior Incarceration or Conviction in Negligent Hiring Claims

Under a negligent hiring theory, an employer’s liability arises from its failure to take reasonable care in making hiring decisions, thereby placing the newly hired employee in a position to cause foreseeable harm to others. The negligent hiring theory creates an incentive for employers to avoid hiring previously incarcerated individuals.

To avoid such tort exposure, many employers choose not to … Read the rest