Tag Archives: negligence

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 ...

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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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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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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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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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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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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 ...

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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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