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Respondent contested the brain injury’s classification as a grave injury. Montesdeoca v. 101-19 37th Ave. LLC 2018 N.Y. Slip Op. 30813 (N.Y. Sup. Ct. 2018)

In personal injury law, accidents on construction sites often lead to complex legal disputes involving multiple parties. In Montesdeoca v. 101-19 37th Ave. LLC 2018 N.Y. Slip Op. 30813 (N.Y. Sup. Ct. 2018), the court was faced with not only determining liability, but whether the plaintiff’s injuries were “grave” as…

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Arbitrator found no link between accident and brain injury. Haufe v. Liberty Mut. Ins. Co., 2019 N.Y. Slip Op. 33873 (N.Y. Sup. Ct. 2019)

In Haufe v. Liberty Mut. Ins. Co., the court addressed a motion to vacate an arbitration award related to a motor vehicle accident that occurred on October 23, 2013. One way to resolve a dispute related to a car accident is through arbitration. Arbitration is an alternative dispute resolution process…

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Level of care of patient with history of brain injury and stroke questioned. Tica v. Metz, 2024 N.Y. Slip Op. 31497 (N.Y. Sup. Ct. 2024)

In Tica v. Metz, 2024 N.Y. Slip Op. 31497 (N.Y. Sup. Ct. 2024), a case involving allegations of medical malpractice, lack of informed consent, and negligent hiring, plaintiffs claim that the mistakes of doctors at New York Presbyterian Brooklyn Methodist Hospital led to a wrongful death. Background Facts Marie Trebilcock,…

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Defendants sought to set aside or reduce $1.3 million damages award. Deleon-Barrera v. Bartlett Dairy, Inc., 2020 N.Y. Slip Op. 34672 (N.Y. Sup. Ct. 2020)

In Deleon-Barrera v. Bartlett Dairy, Inc., the plaintiff sustained injuries from a motor vehicle accident. After a jury trial addressing damages, the defendants to seek a retrial or a reduction of the damages. In personal injury cases, “serious injury” is a legal term that refers to a specific level of…

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Jury decides liability for mall owners after serious brain injury. Hedges v. Planned Sec. Serv., 140 N.Y.S.3d 487 (N.Y. App. Div. 2021)

The case of Marion Hedges is both tragic and complex. It began on a normal day at a shopping mall when two young boys threw a shopping cart over a fourth-floor railing. This cart struck Marion Hedges, who was at a parking kiosk on the first floor. The impact caused…

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Appellate Division analyzed the legal sufficiency of evidence in the brain injury case. Redish v. Adler, 195 A.D.3d 452 (N.Y. App. Div. 2021)

Brain injuries are not only caused by blows to the head, sharp objects, or falls; they can also result from medical treatment of conditions not directly related to the brain. Medical errors during treatment for various health issues, such as respiratory or cardiac conditions, can lead to complications like oxygen…

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Boxer suffered severe injuries after a professional match at Madison Square Garden. Thomas v. Farrago, 2018 N.Y. Slip Op. 32280 (N.Y. Sup. Ct. 2018)

Boxing is an inherently dangerous sport where serious injuries, especially to the brain, are not uncommon. The intense physical contact and repeated blows to the head can result in significant trauma, including concussions, brain bleeds, and other severe conditions. Prompt medical attention is necessary to properly treat these injuries and…

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Court determined that claimant’s brain injury was permanently disabling. Arias v. U.S. Concrete, Inc., No. 2021-05379 (N.Y. App. Div. Oct. 7, 2021)

Arias v. U.S. Concrete, Inc., No. 2021-05379 (N.Y. App. Div. Oct. 7, 2021) is a workers’ compensation case involving a maintenance worker who sustained multiple injuries, including a traumatic brain injury, while on the job. In a workers’ compensation case, an injured worker files a claim with their employer’s workers’…

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Plaintiff alleges severe injuries, including traumatic brain injury, from an accident at school. M.O. v. The City of New York, 2023 N.Y. Slip Op. 33620 (N.Y. Sup. Ct. 2023)

In the case of M.O. v. The City of New York, a student sustained a brain injury at school, leading to a personal injury lawsuit against the City. The legal issue centered around the amendment of the initial claim to include an additional injury that was not specified at the…

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Court determined that traumatic brain injury contributed to fatal accident. Baselice v. Long Island R.R., 79 Misc. 3d 1070 (N.Y. Sup. Ct. 2023)

Baselice v. Long Island R.R., 79 Misc. 3d 1070 (N.Y. Sup. Ct. 2023) is a tragic case involving a Long Island Railroad train derailment that led to a wrongful death claim. The plaintiff, George Baselice, initially filed a lawsuit in 2017 following the accident that occurred on October 8, 2016.…

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