How the “Emergency Doctrine” Applies to Accident Lawsuits

Under New York common law, a person is not liable for negligence if he or she is “confronted with a sudden emergency situation” and acts in a “reasonable and prudent” manner, even if their decision results in injury to another. This “emergency doctrine” is often invoked by defendants in personal

Court of Appeals Says Indian-Owned Golf Course Must Face Civil Suit

In 2007, a construction company in upstate New York signed a contract to build an 18-hole championship golf course in the town of Lewiston for $12.7 million. A dispute later arose between the construction company and the property owner over who would pay for cost overruns. The company demanded an

How “Range of Motion” Affects Your Personal Injury Lawsuit

New York law makes it difficult for a person to recover damages in lawsuits arising from motor vehicle accidents unless he or she can prove a “serious injury” caused by the defendant’s negligence. In meeting this legal burden, a qualified medical expert must assess what limitations, if any, are present

Appeals Court Sanctions Defendants for Spoliation of Evidence

Preservation of evidence is essential in any personal injury lawsuit. No party to litigation may intentionally withhold, alter, destroy, or “spoil” evidence in an effort to prevent the other party (or the court) from obtaining access. A judge may impose sanctions if he or she determines there was spoliation of

Not All Injuries Are Equal in Personal Injury Lawsuits

Not all injuries are equal when bringing a personal injury lawsuit. Even if you can prove one injury was the direct result of an automobile accident, a court may still prevent you from tying another injury to that same event. New York law requires proof of “serious injury” in order

Appeals Court Rejects Jury Verdict Finding Neither Driver Liable for Accident

Trial by jury is a cornerstone of the American judicial system. But juries are not infallible. And judges are not required to uphold jury verdicts that are nonsensical or blatantly contradict the evidence introduced at trial. The Appellate Division, Second Department recently dealt with just such a case. The case

When Do Employment Contracts End?

Most employees work for their employers on an “at-will” basis, meaning the employer can dismiss the employee at any time without needing to state a reason. There are, of course, numerous government-mandated exceptions to at-will employment. For example, an employee cannot be fired based on gender or race. And then

Oral Contracts Can Bring Litigation Headaches

It should go without saying that any business contract you enter into should be in writing. Oral or handshake agreements are inadvisable, as they may lead to misunderstandings—and litigation—over the precise nature of each party’s obligations. Still, many business relationships continue to rely on oral or unwritten promises, and in

“Drag Race” Passenger Barred from Suing Drivers

Is the passenger in a vehicle responsible for the driver’s reckless actions? The Appellate Division, Third Department, recently answered that question “yes” in the context of an illegal drag race that resulted in the permanent paralysis of one teenager. The appeals court found the victim’s own account of the drag

Failing to Yield Can Mean Failing to Win in Court

If you are driving a vehicle involved in a motor vehicle accident, you will not be able to recover damages from the other driver if he or she can prove you were actually at fault. This includes situations where you committed a traffic violation, thereby establishing your own negligence. The