In support of his motion, the man have submitted an attorney’s affirmation; copies of the pleadings and the woman’s bill of particulars; an uncertified copy of the police car accident report; an unsigned copy of the transcript of the woman’s examination before trial; and the sworn report of an orthopedic…
This is a personal injury action allegedly sustained by a woman when she was involved in a motor vehicle accident in New York. A man was the operator of the vehicle when it came into contact with the vehicle operated by the woman. The woman claims in her bill of…
The Ruling of the Court: On the Standard of Review: As the rules provide, the standard of review of an ALJ’s interpretation of the NICA statutory scheme is de novo. The ALJ’s determination with regard to the qualification of the claim for compensability purposes under the statute is conclusive and…
The Facts of the Case: On 26 September 2001, an automobile accident occurred involving a woman who was pregnant. As a result of the injuries sustained, the mother was transported to a nearby hospital where fetal testing was performed. She was then transported to another hospital via helicopter. That same…
This is an action to recover damages for personal injuries allegedly sustained by plaintiff in a motor vehicle accident on January 19, 2008 within a private parking lot on route 107, near its intersection with Lewis Street, in the town of Oyster Bay, Nassau County, New York. A said that,…
Two Queens male drivers were involved in an automobile accident on July 5, 2007. One of the drivers filed a complaint for damages under the “no fault” Insurance Law. Under this law, in order to maintain a personal injury action, the injured party must prove that he sustained a serious…
Defendant moves, pursuant to CPLR § 3212, for an order granting summary judgment due to plaintiff’s failure to meet the threshold limits set by New York State Insurance Law §§ 5102 and 5104. Plaintiff opposes defendant’s motion. A Lawyer said that, the action arises from a motor vehicle accident involving…
Petitioner, a sergeant with the Suffolk County Police Department, injured his back at the scene of a motor vehicle accident in February 2004 when he slipped while moving the door of the vehicle-which had been removed by the fire department-so that rescue personnel would have better access to the accident…
This is an action to recover damages for personal injuries allegedly sustained by the plaintiff in a motor vehicle accident on June 24, 2006 at approximately 8:45 a.m. The accident occurred at Hill Avenue at its intersection with Hempstead Turnpike, Hempstead, New York. Plaintiff alleges that he was stopped at…
An automobile accident occurred and, as a result, the appellee suffered serious injuries. He was taken to a Medical Center where he was evaluated by several physicians, including a surgeon, an orthopedist, and a radiologist. However, these physicians misinterpreted appellee’s x-rays and radiological studies, and negligently concluded that he did…