Municipal Liability for Injuries

An interesting decision came down in September of 2014 involving municipal liability claims.  In Granada v City of White Plains, 2014 NY Slip Op 06053, the Second Department ruled that a municipality is not immune from claims involving “proprietary functions” which are therefore differentiated from governmental functions.  The Plaintiff-decedent was attacked and killed in a parking garage owned by the city.  The Plaintiff rented the parking spot from the city on a monthly basis.  The city had the obligation of providing a minimum level of security in it’s proprietary function as  a commercial property owner.  The city’s function as a commercial property owner has nothing to do with its functions as a governmental body.  Therefore, the city was not entitled to summary judgment based on governmental immunity.

Personal Injury Attorneys

As always, if you have a question involving a possible injury or wrongful death claim, call The Law Firm of Vaughn & Weber, PLLC at (516) 858-2620 to speak with a litigation attorney today.

Jury Selection for Personal Injury Trial

The jury selection process in Personal Injury cases is very important.  Questioning the potential jurors is a process known as “Voir Dire.”  This may be the single most important process in the whole trial.  Selecting the jurors who will give you the best chance to win your case is invaluable.  For the purpose of simplicity, we will not go deep into preemptive challenges.  I will only say that your opposition is able to eliminate certain jurors from the potential juror pool.  You are also entitled to eliminate jurors who you feel will help your opponent.

Since the burden of proof is on the Plaintiff in a Personal Injury case, the Plaintiff is generally the party who asks the most questions to the potential jurors.  Defendants are given an opportunity to question each juror after the Plaintiff has completed his questioning of that juror.  After each grouping of jurors is questioned by both parties, the Plaintiff and Defendant leave the room and discuss which jurors will be eliminated from the selection process or selected to become a final member of the jury panel.

Personal Injury Attorney in Mineola

Although this is an oversimplification of the jury selection process, the importance of the process cannot be overstated.  You will need an attorney who has a strategy for jury selection that will give you the best chance to end up with a favorable jury panel.  If you are not represented by counsel and have questions about your Personal Injury case, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to a Personal Injury Attorney who can help you with jury selection and any other aspect of your litigation.

 

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