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William A. Ruskin's Toxic Tort Litigtion Blog

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Tag Archives: personal injury

Defendants Enter Batter’s Box With Two Strikes Already Called

William A. Ruskin's Toxic Tort Litigtion Blog Posted on May 26, 2018 by William A. RuskinMay 26, 2018

Until April 3, 2018 when the New York Court of Appeals handed down Rodriguez v. City of New York, it was well-established law in personal injury litigation in New York that a plaintiff was not entitled to summary judgment if he could not make a prima facie showing he was free of comparative negligence. The sharply divided Rodriguez court, overturning precedent, held in a controversial 4-3 decision that requiring a plaintiff to make such a showing is inconsistent with Article 14-A of the CPLR, which codified the State’s comparative negligence principles. From now on, a plaintiff responsible for 99 percent of culpability may have an opportunity to prevail on a motion … Continue reading →

Posted in New York Law, Personal Injury | Tagged Article 14-A of the CPLR, comparative fault, comparative negligence, CPLR 1411, jury instructions, New York Court of Appeals, partial summary judgment, personal injury, prejudice, Rodriguez v. City of New York | Leave a reply

Bring That Lawsuit….What Have You Got To Lose?

William A. Ruskin's Toxic Tort Litigtion Blog Posted on February 7, 2018 by William A. RuskinFebruary 7, 2018

In its January 2018 Legal Bulletin, USI Affinity, which markets Lawyers Professional Liability Insurance to members of the New York State Bar Association, discusses the sharp increase in settlements of cases alleging Traumatic Brain Injury (“TBI”) and Spinal Fusion Surgery due, in large part, to the perceived high liability exposure presented by these types of claims and the difficulties inherent in defending them. The Challenge of Defending Against a TBI Claim In an article prepared by Andrew R. Jones and Nir Gadon of Furman Kornfield & Brennan LLP for the Legal Bulletin, the authors discuss how notoriously difficult it can be to defend a TBI claim because the … Continue reading →

Posted in Personal Injury | Tagged "good injury", andrew r. jones, Centers for Disease Control, neurologist, neuropsychiatrist, nir gadon, personal injury, psychologist, Spinal Fusion Surgery. Furman Kornfield & Brennan LLP, TBI, Traumatic Brain Injury, USI Affinity | Leave a reply

The Challenge of Evaluating Plaintiff Exposure in “Eggshell Skull” Injury Cases

William A. Ruskin's Toxic Tort Litigtion Blog Posted on September 16, 2017 by William A. RuskinSeptember 16, 2017

All defense counsel have at one time or another experienced the exhilaration that comes from discovering, as a result of a deep dive into a claimant’s prior medical records,  that (1) the serious personal injuries alleged by the plaintiff are in fact the result of an aggravation of a serious pre-existing disease or injury and (2) but for the pre-existing disease or injury the present disability and/or impairment claimed would not have resulted.  You advise the client of the gravity of the pre-existing disease or injury.   In response, the client asks defense counsel whether the disclosure of the pre-existing condition warrants downgrading the … Continue reading →

Posted in Personal Injury | Tagged aggravation of pre-exisiting injury, defense counsel, eggshell skull, HFW, Koch v. United States, Longshore and Harborworkers' Compensation Act, personal injury | Leave a reply

William A. Ruskin

The Toxic Tort Litigation Blog reports on recent developments and trends in toxic tort, environmental and product liability litigation of interest to the defense bar.  It also explores the convergence of complex science and medicine and the law.
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