I recently read a New York Times article titled “losing My Leg to a Medical Error“. The author, Frederick Southwick, a physician and professor in a Florida medical school, describes how, seventeen years ago, he had a routine surgery on his left Achilles’ tendon. To prevent bleeding during the procedure,…
First, some background: The wheels of justice would come to a screeching halt without the Court’s power to subpoena non-party witnesses to testify in court. Subpoenaed witnesses, like it or not, must appear in court, take the oath, and testify about what they saw, heard, or know. In civil cases…
Last year I blogged about a case (Miglino v. Bally Total Fitness) where one of New York’s intermediate appellate courts (the Second Department) held that health and fitness clubs in New York State must actually use automated external defibrillators (AEDs) when necessary, and not just have them available. If not,…
Are you against frivolous lawsuits? Good, me too. Not to worry. I’ve got the solution. Hold on. First a story. Several years ago, a fellow Central New York personal injury lawyer secured a famously large settlement on a personal injury case. At a party a few days later, someone took…
…………….. Your Central New York Injury Lawyer is still blogging on the topic of gun control. New York recently passed an assault rifle ban. Other states will follow. An argument against such laws I have been hearing recently is, “more people are killed in car accidents than by shootings, so…
Not long ago cars were death traps. Then Ralph Nader, a trial lawyer, wrote a best seller called, “Unsafe at Any Speed: The Designed-In Dangers of the American Automobile“, published in 1965. The book detailed the resistance of the auto industry to investing in safety features, such as seat belts.…
Just in case you were wondering how a New York legal malpractice case works (come on, admit it, you were wondering about that all day!), I have a “case study” for you. I recently sued a lawyer on behalf of a widow and her child. I took over their case…
We at the Michaels Bersani Kalabanka personal injury law firm know all too well how dangerous Grant Ave. (Route 5) is in Sennett, just outside of our hometown of Auburn, NY. If you don’t believe us, just google “car accident Grant Ave. Sennett New York” and look at the list…
I usual cheer for the injured plaintiff in lawsuits. I love it when wrong-doers and their insurance carriers get slammed for huge verdicts — hey, especially if it’s my case!. But every once in a while I root for the other side. That’s how I felt about a California Supreme…
The biggest single change for 2013 in New York personal injury law is, without a doubt, the Uniform Notice of Claim Act, which Governor Cuomo has signed into law on December 20. It’s a real game changer. Let me explain. Until now, New York public entities (counties, cities, towns, villages,…