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Just Another Accident Case

The Law Offices of David Ascher Legal Blog

Trip on a Box: Negligence or Not?

After the holiday season when we have eaten too much, maybe even drank too much and enjoyed that warm fuzzy feeling we might miss a stack boxes standing on a wooden pallet.  Anything is possible after champagne and eggnog.  But can we sue for tripping over  the stack...

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The Car Accident and the Pet Rabbit

The case of Jones v. Adams  (Appellate Division 2nd Dep’t, decided February 9, 2022) demonstrates how  the Courts look at facts. A security guard  at  the New York Botanical Garden was injured when he was driving pick up food  for the “pet rabbit.”   The guard was...

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Dogs Cats, Vets and Personal Injury Cases

  The first sentence of a court decision can sometimes tell you the Court is amused by a case.  In a recent New York Court of Appeals case, the first sentence gives away where the Court is going.  Hewitt Palmer Veterinary Clinic, P.C. “Defendant Palmer Veterinary...

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Expert Testimony

In many personal injury, car accident or premises cases it is necessary to hire a medical expert or engineer to prove the case. The expert must base his testimony on accepted ideas in the scientific community which her operates.  A trial denied the ability of a expert...

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