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Recent Posts in Trial Category

CASE OF INJURED PLAINTIFF THROWN OUT BY TRIAL JUDGE ("DIRECTED VERDICT") BECAUSE TESTIMONY SPECULATIVE AS TO SOURCE OF SAND ON WHICH PEDESTRIAN SLIPPED

Court: Supreme Court, Appellate Division, First Department, New York Case: Jose MONTAS v. JJC CONSTRUCTION CORPORATION Date: Feb. 23, 2012 From: New York attorney Gary E. Rosenberg (personal injury ...
Continue reading "CASE OF INJURED PLAINTIFF THROWN OUT BY TRIAL JUDGE ("DIRECTED VERDICT") BECAUSE TESTIMONY SPECULATIVE AS TO SOURCE OF SAND ON WHICH PEDESTRIAN SLIPPED" »

AUTO ACCIDENT INJURY CASE JURY TRIAL VERDICT, WHERE POLICE OFFICER FOUND NOT IN "EMERGENCY OPERATION," UPHELD

Court: Supreme Court, Appellate Division, First Department, New York Case: Barbara Banks v. The City of New York Date: Feb. 23, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "AUTO ACCIDENT INJURY CASE JURY TRIAL VERDICT, WHERE POLICE OFFICER FOUND NOT IN "EMERGENCY OPERATION," UPHELD" »

JURY FINDS STAIR LANDING WHERE TENANT SLIPPED AND FELL WAS SAFE AT TIME OF ACCIDENT DESPITE CLAIM IT WAS WET AND DARK; COURT UPHOLDS DEFENSE VERDICT - NO NEW TRIAL

Court: Supreme Court, Appellate Division, Second Department, New York Case: Temitope Adetimirin v. Howland Hook Housing Co., Inc. Date: Feb. 21, 2012 From: New York attorney Gary E. Rosenberg ...
Continue reading "JURY FINDS STAIR LANDING WHERE TENANT SLIPPED AND FELL WAS SAFE AT TIME OF ACCIDENT DESPITE CLAIM IT WAS WET AND DARK; COURT UPHOLDS DEFENSE VERDICT - NO NEW TRIAL" »

NEW LIABILITY TRIAL FOR BUS MANUFACTURER IN ROLLOVER ACCIDENT WHERE BUS DRIVER FELL ASLEEP BUT JURY FOUND 100% AGAINST MANUFACTURER FOR LACK OF SEATBELTS

Court: Supreme Court, Appellate Division, First Department, New York Case: Gloria Doomes v. Best Transit Corp. Date: Feb. 14, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "NEW LIABILITY TRIAL FOR BUS MANUFACTURER IN ROLLOVER ACCIDENT WHERE BUS DRIVER FELL ASLEEP BUT JURY FOUND 100% AGAINST MANUFACTURER FOR LACK OF SEATBELTS" »

CONSTRUCTION WORKER HURT IN SCAFFOLD FALL HAS N.Y.S. LABOR LAW TRIAL VERDICT FOR FUTURE PAIN & SUFFERING REDUCED

Court: Supreme Court, Appellate Division, First Department, New York Case: Vernon Henry v. New York City Transit Authority Date: Feb. 7, 2012 From: New York attorney Gary E. Rosenberg (personal injury ...
Continue reading "CONSTRUCTION WORKER HURT IN SCAFFOLD FALL HAS N.Y.S. LABOR LAW TRIAL VERDICT FOR FUTURE PAIN & SUFFERING REDUCED" »

INJURED WORKER'S LABOR LAW CLAIMS FROM LADDER SLIP DISMISSED AT TRIAL

Court: Supreme Court, Appellate Division, Second Department, New York Case: Edward Pitre v. City of New York Date: Feb. 7, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "INJURED WORKER'S LABOR LAW CLAIMS FROM LADDER SLIP DISMISSED AT TRIAL" »

ACCIDENT PLAINTIFF SERVES NEW MEDICAL REPORT WHILE CASE ON TRIAL CALENDAR; DEFENSE ENTITLED TO NEW MEDICAL EXAMINATION

Court: Supreme Court, Appellate Division, Second Department, New York Case: Katharine Stock v. Nichol Morizzo, doing business as Village Hair Studio Date: Feb. 7, 2012 From: New York attorney Gary E. ...
Continue reading "ACCIDENT PLAINTIFF SERVES NEW MEDICAL REPORT WHILE CASE ON TRIAL CALENDAR; DEFENSE ENTITLED TO NEW MEDICAL EXAMINATION" »

JURY VERDICT OF $175,000 AGAINST N.Y.C. TRANSIT AUTHORITY IN MOTOR VEHICLE ACCIDENT CASE UPHELD

Court: Supreme Court, Appellate Division, Second Department, New York Case: Lauren Liounis v. New York City Transit Authority Date: Feb. 7, 2012 From: New York attorney Gary E. Rosenberg (personal ...
Continue reading "JURY VERDICT OF $175,000 AGAINST N.Y.C. TRANSIT AUTHORITY IN MOTOR VEHICLE ACCIDENT CASE UPHELD" »

COURT UPHOLDS JURY VERDICT DISMISSING INJURY CLAIM FOR DEFECTIVE STOVE

Court: Supreme Court, Appellate Division, First Department, New York Case: Maria Ruiz v. The Summit Appliance Division Date: Feb. 2, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "COURT UPHOLDS JURY VERDICT DISMISSING INJURY CLAIM FOR DEFECTIVE STOVE" »

DAMAGES REDUCED AFTER TRIAL; NO INDICATION OF ACCIDENT VICTIM'S INJURIES

Court: Supreme Court, Appellate Division, Second Department, New York Case: JING XUE JIANG v. DOLLAR RENT A CAR, INC. Date: Jan. 10, 2012 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "DAMAGES REDUCED AFTER TRIAL; NO INDICATION OF ACCIDENT VICTIM'S INJURIES" »

COURT UPHOLDS JURY VERDICT OF "NO CONTACT" DISMISSING CLAIM OF PEDESTRIAN ALLEGEDLY STRUCK BY GARBAGE TRUCK WHILE CROSSING STREET

Court: Supreme Court, Appellate Division, Second Department, New York Case: Jose Galarza v. Crown Container Co., Inc. Date: Dec. 13, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "COURT UPHOLDS JURY VERDICT OF "NO CONTACT" DISMISSING CLAIM OF PEDESTRIAN ALLEGEDLY STRUCK BY GARBAGE TRUCK WHILE CROSSING STREET" »

JURY ABSOLVES DEFENDANT DOCTORS OF CLAIMED MEDICAL MALPRACTICE IN CHILD'S BIRTH

Court: Supreme Court, Appellate Division, Second Department, New York Case: Royal v. Tyree Date: Jan. 17, 2012 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and ...
Continue reading "JURY ABSOLVES DEFENDANT DOCTORS OF CLAIMED MEDICAL MALPRACTICE IN CHILD'S BIRTH" »

SECURITY GUARD WHO FELL DOWN ELEVATOR SHAFT NOT A "SPECIAL EMPLOYEE" UNDER WORKER'S COMPENSATION LAW; GETS NEW TRIAL

Court: Supreme Court, Appellate Division, Second Department, New York Case: Charles v. Broad Street Development, LLC Date: Nov. 15, 2011 From: New York attorney Gary E. Rosenberg (personal injury and ...
Continue reading "SECURITY GUARD WHO FELL DOWN ELEVATOR SHAFT NOT A "SPECIAL EMPLOYEE" UNDER WORKER'S COMPENSATION LAW; GETS NEW TRIAL" »

WOMAN SHOT BY EX-BOYFRIEND DID NOT HAVE "SPECIAL RELATIONSHIP" WITH NEW YORK CITY POLICE DEPT. SO AS TO RENDER IT LIABLE FOR FAILING TO PROTECT HER

Court: Court of Appeals of New York Case: Valdez v. The City of New York Date: Oct. 18, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving ...
Continue reading "WOMAN SHOT BY EX-BOYFRIEND DID NOT HAVE "SPECIAL RELATIONSHIP" WITH NEW YORK CITY POLICE DEPT. SO AS TO RENDER IT LIABLE FOR FAILING TO PROTECT HER" »

CAR ACCIDENT DEATH CASE TRIAL VERDICT OVERTURNED ON APPEAL; JURY SHOULDN'T HAVE BEEN GIVEN EMERGENCY CHARGE IN SUN GLARE CASE

Court: Court of Appeals of New York Case: Lifson v. City of Syracuse Date: Oct. 13, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn ...
Continue reading "CAR ACCIDENT DEATH CASE TRIAL VERDICT OVERTURNED ON APPEAL; JURY SHOULDN'T HAVE BEEN GIVEN EMERGENCY CHARGE IN SUN GLARE CASE" »

DISMISSAL OF CASE OFF CALENDAR FOR MORE THAN ONE YEAR

Court: Supreme Court, Appellate Division, Second Department, New York Case: LaMarca v. Scotto Brothers Woodbury Restaurant, Inc. Date: Sept. 13, 2011 From: New York attorney Gary E. Rosenberg ...
Continue reading "DISMISSAL OF CASE OFF CALENDAR FOR MORE THAN ONE YEAR" »

DOCTOR COMMITTED MEDICAL MALPRACTICE BY HAVING A SEXUAL RELATIONSHIP WITH PATIENT, EVEN WHERE IT WASN'T PART OF TREATMENT

Court: Supreme Court, Appellate Division, Second Department, New York Case: Dupree v. Giugliano Date: Sept. 13, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney ...
Continue reading "DOCTOR COMMITTED MEDICAL MALPRACTICE BY HAVING A SEXUAL RELATIONSHIP WITH PATIENT, EVEN WHERE IT WASN'T PART OF TREATMENT" »

HIGH SCHOOLER HIT IN FACE BY TEAMMATE'S SOFTBALL BAT; THIS ACCIDENT CASE DISMISSED AFTER TRIAL DUE TO "ASSUMPTION OF THE RISK"

Court: Supreme Court, Appellate Division, First Department, New York Case: Navarro v. City of New York Date: Sept. 8, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "HIGH SCHOOLER HIT IN FACE BY TEAMMATE'S SOFTBALL BAT; THIS ACCIDENT CASE DISMISSED AFTER TRIAL DUE TO "ASSUMPTION OF THE RISK"" »

MONEY DAMAGES JURY AWARD REDUCED; MEDICAL MALPRACTICE CASE OF WOMAN WHO HAD SURGERY TO REMOVE EXCESS SKIN

Court: Supreme Court, Appellate Division, First Department, New York Case: Hugh v. Ferdinand Ofodile, M.D. Date: Aug. 25, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident ...
Continue reading "MONEY DAMAGES JURY AWARD REDUCED; MEDICAL MALPRACTICE CASE OF WOMAN WHO HAD SURGERY TO REMOVE EXCESS SKIN" »

CAR ACCIDENT VICTIM DOES NOT GET NEW TRIAL WHERE PLAINTIFF IN RELATED CASE DIED

Court: Supreme Court, Appellate Division, Second Department, New York Case: Sample v. Temkin Date: Aug. 23, 2011 From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and ...
Continue reading "CAR ACCIDENT VICTIM DOES NOT GET NEW TRIAL WHERE PLAINTIFF IN RELATED CASE DIED" »
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