Feldman, Kronfeld & Beatty Law Blog

Friday, October 9, 2015

1st Judicial Department, Appellate Division Roundup: October 1 & October 6, 2015 Edition

As most of the personal injury cases backlogged on the Court's docket seems to have been dealt with a few weeks ago, there are really only two cases worth mentioning:

Muth v. Wali Mohammed, MD, PC

In this case, the plaintiff committed suicide three weeks after meeting with Dr. Radcliffe, a staff psychologist with a firm that examined plaintiff on three separate occasions for a Workers' Compensation examination and evaluation. The Court dismissed the case that sought to find Dr. Radcliffe's responsible for plaintiff's suicide, since the Court found as a matter of law that "the choices Dr. Radcliffe made were not a proximate cause of [plaintiff's] suicide, an event which occurred three weeks after he last visited with Radcliffe."

Obiotta v. Dukes System Corp.

In this case, the defendant Dukes System Corp., the owner of a truck, and the driver of the truck, were dismissed from a case. The plaintiff's vehicle was being towed, and the tower of the vehicle crossed double yellow lines and nearly hit the truck. In order for the tower to avoid hitting the truck, the plaintiff's vehicle hit the truck, which was stopped. The Court found as a matter of law the truck could not be held liable for the accident, nor could its failure to take evasive action be responsible for the accident.

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