New York’s “Good Samaritan Law” and the Use of AEDs

The ancient parable of the “Good Samaritan” — exemplifying one who voluntarily assists a stranger (or even an enemy) in imminent danger without expectation of reward — remains a powerful and honored concept and one that has been statutorily codified within the New York Public Health Law to protect volunteers who render emergency medical assistance. In Miglino v. Bally Total Fitness, the New York Court of Appeals clarified the interplay between the “Good Samaritan” law and New York’s General Business Law, which requires certain “public” institutions, including health clubs, to maintain automatic external defibrillators. In doing so, the court extended

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New York’s Highest State Court Tells NYC To Improve Roadway Safety

The majority of blog posts about automobiles concern luxury car design, 007 movies, electric cars, or NASCAR racing. Traffic law and roadway planning/maintenance, the automobile’s much less popular counterparts, are conceivably not as often discussed. However, it is these counterparts that have been responsible for the safety of human life on the roads each and every day since mass production of the automobile replaced travel by foot and animal in the early twentieth century. Recently, in Turturro v. City of New York, et al., New York’s highest state court opined on the importance of traffic law and roadway safety, while

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Forces of Labor Defense in Erb’s Palsy cases…to be continued?

Over the last several months, personal injury plaintiff blogs have been all agog over a recent 4th Department case in New York that precluded, based on pre-trial motions, obstetrical defendants from utilizing a ‘forces of labor’ defense at trial, commenting on same as a “novel theory.”  The plaintiff blogs have been far less kind, labeling such defense as ‘junk science.”  Not so fast. By way of background, Erb’s Palsy (or Erb Duchenne brachial plexus injury) is an injury to the brachial plexus nerves usually occurring at birth and can result in loss of movement or development of the whole arm

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No fiduciary breach without respondeat superior

Court of Appeals, in a 6-1 decision arising from a certified question from the U.S. Circuit Court of Appeals, has held that an upstate health clinic is not liable for the confidentiality breach that occurred when one of its nurses revealed to a patient’s girlfriend, via a text message, that he had a sexually transmitted disease.  However, it should be noted that in Doe v Guthrie Clinic the nurse at question was the sister-in-law of the girlfriend.  This appeared to be ‘the’ compelling factor for the Court of Appeals, that found that the employee-nurse was not acting in and for the employer’s

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New York County Judge Rules Against the Joint Trial of Asbestos Cases

Within a recent decision, Judge George Silver of Supreme Court, New York County, held that since not all asbestos plaintiffs are created equal, the joint trial of several, bundled asbestos lawsuits is not axiomatic — as the plaintiffs’ bar would have it — but rather needs to be established in each individual case. In doing so, the judge struck a balance between the policy in favor or judicial economy and the defendant’s right to a fair and impartial trial. In re NYC Asbestos Litigation, 2013 N.Y. Misc. LEXIS 4732, 2013 NY Slip Op 32548(U) (2013) involved a motion by seven plaintiffs

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