Monthly Archives: July 2015

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Workers compensation…1910

In our last post we showed how the NY Appeals Court ruled in 1910 that injuries caused by a worker’s negligence shouldn’t matter since employers should have safety equipment in place that would prevent a worker harming himself. In that same edition of the NY Times, they have an article that addresses workers’ compensation. In February of 1910, several speakers spoke a the Republican Club in Read More →

NY Liability law broadened…in 1910

We’ve written in the past about New York States Scaffolding Law which requires safety measure for construction workers who work at heights. The law’s real name,  Labor Law 240 is intended to protect workers from the number one cause of injury and death in the construction injury, falls from scaffolding. Under the law, owners of constructions companies are required to supply safety equipment to their workers. Read More →

Buffalo concert venue sued in “banister death”

In June of 2014, 28 year-old medical student Rajan Verma attended a Lolawolf and Polica concert at Buffalo’s Tralf Music Hall after trying to ride the banister and falling between the staircase and the wall. Verma died in the hospital the next day. Now his family has filed a wrongful death lawsuit against the venue claiming employees of the hall put a “sticky substance” on the banister Read More →

NYC pays Occupy protester $50k for pepper spray incident

On Sept. 24, 2011 and Occupy Wall Street protester was pepper sprayed while being corralled in an orange netting containment area. A video that went viral showed Deputy Inspector Anthony Bologna pepper-spraying protesters corralled behind orange netting. The City has agreed to pay Kelly Schomburg $50,000 with legal fees to be determined.   The settlement brings the number of settlements to seven due to Bologna’s Read More →

Beat the heat: From The City of New York

We’re all sweltering in this heat and there will be more to come. Thankfully the City of New has advice and help. If you don’t have air conditioning the City has cooling centers where you can go. Use this link to find the nearest cooling center near you. NYC Cooling Centers The City also has a downloadable brochure with tips on how to stay cool Read More →

Upstate dairy farm not liable for calf that caused fatal accident

An appeals court ruled that the owners of an upstate dairy farm are not liable for a calf that strayed out on to a road, causing the death of  46 year-old Holly Hain. Hain was driving on a road in Steuben County around 10pm when she noticed a calf wandering alomng the road. She pulled over to the side of the road and parked her car in Read More →

Malpractice caps take a big hit in Florida

Personal injury caps have been a contentious issue in various states like Texas and Florida In 2003, then Governor Jeb Bush signed a medical-malpractice law that limited non-economic damages in medical malpractice cases. Last week a Florida Appeals Court upheld the State Supreme Court agreeing that the caps were unconstitutional. In a fourteen-page decision the three judges wrote … caps are unconstitutional not only in wrongful death Read More →

Friday legal funnies: Disorder in the Court

While representing a client in court is serious business, but every once in a while something inadvertent is said that causes the court, including the judge to chuckle. Recently, while going though our law library we came across a book from 1999 titled, Disorder in the Court: Great Fractured Moments in Courtroom History, written by San Diego attorney Charles M. Sevilla. The book is a collection of things Read More →

Federal Doctor database has flaws

A federal database for patients to check up ion their doctors has been found to be horribly flawed making it virtually useless to patients. The kicker is no one knows why it’s screwed up. Doctors in most states have to get what is called National Provider Identifier, 10-digit number assigned to them by federal Centers for Medicare & Medicaid Services. (CMS) It also includes their state Read More →

Tort reform, GM and McDonalds

When tort reform advocates want to show how the legal system is overrun with frivolous lawsuits, they trot out the infamous McDonald’s hot coffee incident. They use this case as the poster child for tort reform. But was it as frivolous as they claim? The story goes as follows: In 1992, a 79-year-old woman from Albuquerque, New Mexico ordered a cup of coffee from the Read More →