In a personal injury case, “pain and suffering” refers to the physical and emotional distress experienced by the plaintiff due to their injuries. It encompasses the immediate and ongoing discomfort, anguish, and limitations caused by the accident. This includes physical pain from injuries such as fractures, sprains, or internal trauma,…
In a recent legal action concerning alleged negligent motor vehicle operation, defendants sought reargument of a court order requiring disclosure of cell phone records. The relevance of cell phone records lies in determining whether the defendant, a police officer, was distracted by phone use while driving, potentially contributing to the…
In a distracted driving case, the claimant was involved in an accident with a state-owned van. Using a cell phone while driving is commonly referred to as distracted driving, a dangerous practice that diverts a driver’s attention away from the road. In New York, this behavior is explicitly prohibited under…
In a recent legal dispute, Hermitage Insurance Company sought a declaratory judgment against TAC Blacktop, Inc. regarding coverage under a policy issued to TAC. The case involved two personal injury actions stemming from a motorcycle accident allegedly caused by TAC’s paving activities. Hermitage moved for summary judgment, asserting that TAC’s…
In a recent legal proceeding under CPLR 7503, Nationwide General Insurance Company sought a permanent stay of arbitration concerning the injured’s claim for uninsured motorist (UM)/supplementary underinsured motorist (SUM) benefits. Faulkner, the injured, contested the petition. Faulkner alleged she sustained injuries on November 15, 2022, from a hit-and-run moped incident…
In re Progressive Ins. Co. v. Otero 2023 N.Y. Slip Op. 51319 (N.Y. Sup. Ct. 2023) involves a hit-and-run accident that occurred on March 9, 2023. The case highlights the complexities surrounding uninsured motorist claims and the procedural steps in dealing with hit-and-run incidents in New York. Background Facts On…
In a complex multi-party legal case, plaintiffs sought damages from Sunflower Express, Webster Trucking Corp., and Joshua Alphonso Reid, stemming from a devastating bus accident. Background Facts On March 12, 2011, a devastating accident occurred on Interstate 95 in the Bronx, New York. A bus, driven by Ophadell Williams, was…
In Guity v. Cnty. of Westchester 2019 N.Y. Slip Op. 34310 (N.Y. Sup. Ct. 2019), Plaintiff Beron Guity sought damages for injuries sustained in a bus accident on June 1, 2016, involving an uninsured motorist. Uninsured motorist coverage is a type of car insurance designed to protect drivers and passengers…
On August 30, 2013, a cyclist, Pedro Rubio, encountered a life-altering incident on his routine commute to the Tarrytown Train Station. While navigating Route 119, a hidden defect in the roadway led to a catastrophic accident that would lead to a lawsuit over road maintenance responsibilities and safety obligations. Background…
Durrans v. Harrison & Burrowes Bridge Constructors, Inc., 128 A.D.3d 1136 (N.Y. App. Div. 2015) is a New York bicycle accident case involving a plaintiff who alleged she was seriously injured due to construction detours and equipment. Road construction often poses significant risks for bicyclists. Construction zones typically involve altered…