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Articles Posted in Wrongful Death

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In a personal injury case, because there was a factual conflict, res ipsa loquitur did not apply. Morejon v. Rais Construction Company, 818 N.Y.S.2d 792 (2006)

Res ipsa loquitur is a Latin phrase, which means “the thing speaks for itself.” In order to prevail in a personal injury case, the plaintiff must show that the defendant’s negligent or wrongful actions cause the plaintiff’s injury. Ideally, the plaintiff would have access to direct evidence such as eyewitness…

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Appellate Court rejected claim based on employment-related accidental death. Smith v Park, 2020 NY Slip Op 03583 (3d Dept. June 25, 2020)

In the case of the death of a 14-year boy , the appellate court considered whether his death was in the course of his employment as determined by the New York Workers’ Compensation Board, or whether it was due to his employer’s criminal activity. Exclusive remedy rule In New York,…

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