Defendant's Attorney: Joel B. Schechter

Description: Syracuse, New York personal injury truck wreck lawyers represented the Plaintiff who sued the Defendants on auto negligence theories.

This case was filed in the State of New York Supreme Court: County of Onondag, 000053/2023, and was removed to the ffederal court by the Defendants.

"New York negligence law can be summarized by five key elements:

1. Duty of Care:

Everyone has a legal duty to act with reasonable care towards others.
This means acting like a "reasonable person" under the circumstances.
For example, a property owner should maintain their premises in a safe condition to avoid injuring visitors.

2. Breach of Duty:

The defendant must have breached their duty of care.
This means they failed to act with the required level of care, causing harm to the plaintiff.
For example, leaving a wet floor uncleaned without warning signs could be a breach of duty.

3. Causation:

The defendant's breach of duty must have directly caused the plaintiff's injury.
This means the injury wouldn't have happened without the defendant's negligence.
For example, if someone slips on the wet floor due to no proper warning and breaks their leg, then causation is established.

4. Damages:

The plaintiff must have suffered actual harm from the defendant's negligence.
This could include physical injuries, economic losses, or emotional distress.
For example, the injured person's medical bills and lost wages would be considered damages.

5. Comparative Negligence:

New York follows a "pure comparative negligence" system.
This means even if the plaintiff contributed to their own injury through some negligence, they can still recover damages.
However, their damages will be reduced in proportion to their own fault.
For example, if the plaintiff was walking distracted and contributed 20% to the accident, their damages would be reduced by 20%.

Additional points to note:

New York also recognizes specific areas of negligence law, such as medical malpractice, premises liability, and product liability.
These areas have additional legal requirements and standards of care.
Statutes of limitations apply to negligence claims, meaning there is a timeframe to file a lawsuit after the injury occurs."

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Outcome: ORDER. IT IS HEREBY ORDERED THAT the Clerk of the Court is instructed to submit a JS-6 (using Statistical Code 18) to the Administrative Office of the U.S. Courts. The parties are advised that nothing contained in this order shall be considered a dismissal or disposition of the above entitled action and, should further proceedings in it become necessary or desirable, any party may reopen the action by advising the Court in writing that the stay has been lifted. Upon notification to reopen the action, the parties are directed to request a Rule 16 conference with the Court so that a new scheduling order can be issued. Signed by Senior Judge Lawrence E. Kahn on 12/8/2023. (dpk) (Entered: 12/08/2023)

Plaintiff's Experts:

Defendant's Experts:

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