August 31, 2015 Comments Off on Fourth Department – Hain v. Jamison
Appellate Division, Fourth Department Negligence Farm Animal – Contribution to Motor Vehicle Accident Hain v. Jamison CA 14-02093 Appealed from Supreme Court, Steuben County Background: The plaintiff, on behalf of the decedent, commenced a personal injury and wrongful death action ...
Tagged with: Appellate Division Fourth Department negligence
Read More »August 5, 2015 Comments Off on Fourth Department – Klepanchuk v. County of Monroe
Appellate Division, Fourth Department Negligence Government Immunity – Proprietary vs. Government Capacity Klepanchuk v. County of Monroe CA 14-01993 Appealed from Supreme Court, Monroe County Background: Following a multivehicle accident that occurred during “white-out” conditions on I-390 near the defendant ...
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Read More »August 5, 2015 Comments Off on Fourth Department – Livingston v. State of New York
Appellate Division, Fourth Department Negligence Property Damage – Fact-Finder’s Determination Livingston v. State of New York Ca 14-00671 Appealed from Court of Claims Background: The claimant commenced an action seeking damages for the value of property destroyed by a fire ...
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Read More »February 18, 2015 Comments Off on Fourth Department – Negligence: Caudill v. Rochester Institute of Technology
Appellate Division, Fourth Department – Negligence – Obstruction of a Passageway – Accumulation of Dirt Caudill v. Rochester Institute of Technology CA 14-00177 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced a Labor Law action after ...
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Read More »February 12, 2015 Comments Off on Fourth Department – Negligence: Anderson v. State of New York
Appellate Division, Fourth Department – Negligence – Correctional Facility – Improper Staffing Anderson v. State of New York CA 14-01350 Appealed from Court of Claims Background: The defendant appealed from a judgment awarding the claimant money damages stemming ...
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Read More »January 6, 2015 Comments Off on Fourth Department – Negligence: Amorosi v. Hubbard
Appellate Division, Fourth Department – Negligence – Proximate Cause – Plaintiff’s Negligence Amorosi v. Hubbard CA 14-00617 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries she sustained when she walked ...
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Read More »December 3, 2014 Comments Off on Fourth Department – Negligence: Ritchie v. Churchville-Chili Central School District
Appellate Division, Fourth Department – Negligence – School’s Duty of Care – Custody or Control Ritchie v. Churchville-Chili Central School District CA 14-00251 Appealed from Supreme Court, Monroe County Background: The plaintiff commenced an action seeking damages for injuries ...
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Read More »June 22, 2014 Comments Off on Fourth Department — Negligence: Allen v. Lowczus
Appellate Division, Fourth Department Negligence Jury Verdict — Inconsistent Finding of Fault Allen v. Lowczus CA 13-01640 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries she sustained in a motor vehicle accident. ...
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Read More »June 19, 2014 Comments Off on Fourth Department — Negligence: Allen v. Lowczus
Appellate Division, Fourth Department Negligence Jury Verdict — Inconsistent Finding of Fault Allen v. Lowczus CA 13-01640 Appealed from Supreme Court, Erie County Background: The plaintiff commenced an action seeking damages for injuries she sustained in a motor vehicle accident. ...
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Read More »June 17, 2014 Comments Off on Court of Appeals — Negligence: Wittorf v. City of New York
New York State Court of Appeals Negligence Public Employee — Proprietary Function Wittorf v. City of New York No. 101 Judge Graffeo Background: At issue is whether the city was engaged in a proprietary function at the time of the ...
Tagged with: negligence New York State Court of Appeals
Read More »October 23, 2013 Comments Off on Fourth Department — Negligence: Costanzo v. County of Chautauqua et al.
Appellate Division, Fourth Department Negligence Unsafe Intersection Costanzo v. County of Chautauqua et al. CA 13-00292 Appealed from Supreme Court, Chautauqua County Background: The plaintiff commenced an action after her vehicle was struck by a vehicle operated by the defendants ...
Tagged with: Appellate Division Fourth Department negligence
Read More »June 4, 2013 Comments Off on Was left wire negligence or doctor’s judgment?
Whether a doctor’s decision to leave a lost piece of wire inside a patient’s chest is negligent under the theory of res ipsa loquitur — the thing speaks for itself — is before the state Court of Appeals. A divided ...
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