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Articles Posted in Car Accidents

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Appellate Division set aside  future pain and suffering award as it was based on too short of a life expectancy. Abreu-DePena v. Weber, 2021 N.Y. Slip Op. 224 (N.Y. App. Div. 2021)

In a personal injury case, when it comes to determining the amount of damages for pain and suffering and future medical expenses, the jury will look at number of factors including who was at fault, the seriousness of the injuries, the treatment involved, the treatment that will be required in…

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Appellate court rejects New York State’s “storm in progress” defense.  Scheuer v. State of New  (2021 NY Slip Op 05906)

In the case of a car accident that killed one person and severely  injured another, the appellate court was asked to consider whether the “storm in progress” defense  applied. Background On March 2, 2005, 25-year-old Jeremy Killenberger and 25-year-old James Croote were passengers in a car being driven by Kevin…

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