New York State Court of Appeals Negligence Common Carriers — School Buses Smith v. Sherwood No. 20 Appealed from the Fourth Department Background: Defendant Central New York Regional Transportation Authority, also known as Centro, contracted with the Syracuse City School ...

Tagged with: negligence New York State Court of Appeals

Webster Town Court Negligence Animals — Owner’s Liability Wilcox v. Perkins No. 10100053.1 2011 WL 293712 Judge DiSalvo Background: On Sept. 29, 2010, the defendants’ dog, “Gomer”, a coonhound mix that had been adopted a year earlier from the Humane ...

Tagged with: negligence Webster Town Court

Supreme Court, Erie County Negligence Settlements — Court Approval — Workers’ Compensation Insurer Wiechec v. Dolina No. 2000/2407 Judge NeMoyer Background: In March 2000, Roger J. Wiechec commenced an action against John E. Dolina to recover damages for personal injuries ...

Tagged with: Erie County negligence settlements Supreme Court

Supreme Court, Cortland County Negligence Assumption of Risk — Correction of Deposition Brown v. Town of Cincinnatus No. 40598 Judge Rumsey Background: Plaintiff Jacob Brown, through his father, commenced this action for injuries that he sustained on Sept. 16, 2006, ...

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Appellate Division, Third Department Negligence Domestic Animals — Propensity for Dangerous Behavior Vichot v. Day 509920 Appealed from Supreme Court, Clinton County Background: The plaintiff was driving on a public highway when her vehicle collided with a horse owned by ...

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A settlement has been reached in a suit filed by a Rochester woman’s estate against the Jewish Home of Rochester and Dr. Lars-Goran Larsson. New York State Supreme Court, Monroe County Judge David M. Barry ...

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Imagine having to pay insurance on your neighbor’s car — one you didn’t purchase, maintain or even drive. You have no say in where they go, how they drive or the risks they take on the road. Imagine the neighbor drinks too much and hits someone, then the victim sues you.

Tagged with: contracts liability negligence

Appellate Division, Fourth Department Negligence Damages — Inadequate Award Beck v. Spinner’s Recreational Center Inc. 1376 Appealed from Supreme Court, Erie County Background: The plaintiff commenced this action seeking damages for injuries he sustained when an employee of respondent Spinner’s ...

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The U.S. Supreme Court agreed to decide whether plaintiffs alleging negligence under the Federal Employers’ Liability Act must prove proximate causation, CSX Transportation v. McBride.

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Appellate Division, Third Department Negligence Lack of Duty — Third Parties Sciscente v. Lill Overhead Doors Inc. 509476 Appealed from Supreme Court, Rensselaer County Background: The appeal is from an order that granted the defendant’s motion for summary judgment dismissing ...

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U.S. District Court, Western District of New York Negligence Kwitek v. U.S. Postal Service 07-CV-826 Judge Curtin Background: The plaintiff brought action pursuant to the Federal Tort Claims Act for money damages based on personal injuries he alleges he suffered ...

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Appellate Division, Fourth Department Negligence Punitive Damages — Intoxication D’Angelo v. Litterer 1034 Appealed from Supreme Court, Erie County Background: The appeal is from an order that denied the plaintiff’s motion seeking leave to amend the complaint to add a ...

Tagged with: Appellate Division Fourth Department negligence Punitive Damages