VOLUME 1

PART 1 ESSENTIALS OF NEGLIGENCE
Chapter 1 Nature of Negligence
Chapter 2 Elements of Actionable Negligence
Chapter 3 Negligence and Standard of Care
Chapter 4 Proof of Negligence
Chapter 5 Choice of Law and Jurisdiction
Chapter 6 Commencement by Filing
Chapter 7 Notice of Intention and Notice of Claim Practice
Chapter 8 Indemnity and Contribution

PART 2 DEFENSES TO ACTION
Chapter 9 Affirmative Defenses
Chapter 10 Releases
Chapter 11 Comparative Negligence and Assumption of Risk
Chapter 12 Statute of Limitations
Chapter 13 Acts of God or Force Majeure
Chapter 14 Impact of Prior Settlements

VOLUME 2

PART 3 PARTIES NEGLIGENT
Chapter 15 Accountants
Chapter 16 Agency
Chapter 17 Aircraft Owners and Operators
Chapter 18 Ambassadors, Consuls, and Diplomatic Representatives
Chapter 19 Appraisers
Chapter 20 Architects, Engineers, and Surveyors
Chapter 21 Associations and Clubs
Chapter 22 Attorneys
Chapter 23 Auto Repair and Service Shops
Chapter 24 Bailor and Bailee
Chapter 25 Banks
Chapter 26 Barbers and Beauty Salon Professionals
Chapter 27 Blood Banks and Donors
Chapter 28 Bus Drivers and Owners
Chapter 29 Cemeteries and Crematories
Chapter 30 Charitable Organizations
Chapter 31 Children
Chapter 32 Chiropractors
Chapter 33 Cities, Towns, and Villages
Chapter 34 Clergy and Religious Organizations
Chapter 35 Collection Agencies
Chapter 36 Common Carriers
Chapter 37 Contractors
Chapter 38 Corporations
Chapter 39 Counties
Chapter 40 Credit Agencies
Chapter 41 Dentists
Chapter 42 Employees and Employers
Chapter 43 Executors, Administrators, and Trustees
Chapter 44 Federal Agencies
Chapter 45 Firefighters and Fire Departments
Chapter 46 Foreign Countries
Chapter 47 Funeral Home Directors and Undertakers
Chapter 48 Guardians and Receivers
Chapter 49 Hospitals
Chapter 50 Hotels and Other Places of Accommodation

VOLUME 3

PART 3 (cont’d) PARTIES NEGLIGENT
Chapter 51 Hunters and Fishermen
Chapter 52 Husbands and Wives
Chapter 53 Insurance Agents and Companies
Chapter 54 Intoxicated Persons
Chapter 55 Judges
Chapter 56 Land Occupiers and Owners
Chapter 57 Landlords
Chapter 58 Mental Health Facilities
Chapter 59 Mentally Impaired Persons
Chapter 60 Mobs, Riots, and Uncontrolled Crowds
Chapter 61 Notaries Public
Chapter 62 Nurses and Nurse Practitioners
Chapter 63 Opticians, Optometrists, and Ophthalmologists
Chapter 64 Parents
Chapter 65 Pawn Shops
Chapter 66 Pharmaceutical Companies
Chapter 67 Pharmacists and Pharmacies
Chapter 68 Physicians and Surgeons
Chapter 69 Police officers and Police Departments
Chapter 70 Prisoners
Chapter 71 Public Authorities
Chapter 72 Public officials
Chapter 73 Public Utilities
Chapter 74 Railroad Companies
Chapter 75 Real Estate Agents and Companies
Chapter 76 Restaurants
Chapter 77 Schools
Chapter 78 Ship Operators and Owners
Chapter 79 Spas, Saunas, and Pools
Chapter 80 Sports Participants
Chapter 81 State Militia and National Guard
Chapter 82 State of New York
Chapter 83 Stockbrokers
Chapter 84 Stores and Store Owners
Chapter 85 Tenants
Chapter 86 Travel Agents
Chapter 87 United Nations
Chapter 88 United States
Chapter 89 Veterinarians

VOLUME 4

PART 4 PERSONS INJURED
Chapter 90 Aliens
Chapter 91 Children
Chapter 92 Firefighters and Police officers
Chapter 93 Hunters and Fishermen
Chapter 94 Husbands and Wives
Chapter 95 Intoxicated Persons
Chapter 96 Mentally Impaired Persons
Chapter 97 Native Americans
Chapter 98 Persons With Disabilities
Chapter 99 Prisoners
Chapter 100 Rescuers
Chapter 101 Spectators
Chapter 102 Volunteers

PART 5 PLACES
Chapter 103 Adjoining Property
Chapter 104 Airports
Chapter 105 Aisles
Chapter 106 Alleys
Chapter 107 Amusement Parks, Arcades, and Fairs
Chapter 108 Apartments
Chapter 109 Aqueducts
Chapter 110 Armories
Chapter 111 Balconies
Chapter 112 Bars and Nightclubs
Chapter 113 Boardwalks
Chapter 114 Bridges
Chapter 115 Buses and Bus Stations
Chapter 116 Camps
Chapter 117 Canals
Chapter 118 Cellars
Chapter 119 Cemeteries
Chapter 120 Churches
Chapter 121 Circuses
Chapter 122 Construction Sites and Scaffolding
Chapter 123 Courtyards
Chapter 124 Crosswalks
Chapter 125 Dams and Spillways
Chapter 126 Ditches, Excavations, and Trenches
Chapter 127 Docks, Piers, and Wharves
Chapter 128 Driveways
Chapter 129 Easements
Chapter 130 Exits
Chapter 131 Factories
Chapter 132 Fences and Gates
Chapter 133 Ferries and Ferry Terminals
Chapter 134 Fire Escapes
Chapter 135 Greenhouses
Chapter 136 Hallways
Chapter 137 Health and Fitness Clubs
Chapter 138 Highways
Chapter 139 Hospitals
Chapter 140 Hotels and Other Places of Accommodation
Chapter 141 Lakes, Ponds, and Reservoirs
Chapter 142 Lumberyards
Chapter 143 Mental Health Facilities
Chapter 144 Parking Lots and Garages
Chapter 145 Parks, Playgrounds, and Recreational Facilities
Chapter 146 Prisons, Jails, and Reformatories
Chapter 147 Public Housing
Chapter 148 Racetracks
Chapter 149 Railroads and Trains
Chapter 150 Restaurants
Chapter 151 Rivers and Streams
Chapter 152 Schools
Chapter 153 Ships and Other Watercraft
Chapter 154 Sidewalks
Chapter 155 Spas, Saunas, and Pools
Chapter 156 Stables
Chapter 157 Stairways
Chapter 158 Stoops, Porches, Verandas, and Steps
Chapter 159 Stores
Chapter 160 Subway Cars and Stations
Chapter 161 Theaters and Stadiums
Chapter 162 Trailer Parks
Chapter 163 Warehouses
Chapter 164 Yards
Chapter 165 Zoos

VOLUME 5

PART 6 INSTRUMENTALITIES<
Chapter 166 Aircraft
Chapter 167 Amusement Park Rides
Chapter 168 Greenhouses
Chapter 169 Appliances
Chapter 170 Awnings
Chapter 171 Bicycles
Chapter 172 Boilers
Chapter 173 Bottles
Chapter 174 Brakes
Chapter 175 Buses
Chapter 176 Ceilings
Chapter 177 Chains
Chapter 178 Chairs
Chapter 179 Chemicals
Chapter 180 Chimneys
Chapter 181 Clothing
Chapter 182 Cranes and Derricks
Chapter 183 Darkness
Chapter 184 Diseases
Chapter 185 Doors and Doorways
Chapter 186 Drugs
Chapter 187 Electricity
Chapter 188 Elevators and Escalators
Chapter 189 Emergency Vehicles
Chapter 190 Explosives and Fireworks
Chapter 191 Falling Objects
Chapter 192 Faucets
Chapter 193 Fire
Chapter 194 Firearms and Weapons
Chapter 195 Flammable Substances
Chapter 196 Floors
Chapter 197 Fuels
Chapter 198 Glass
Chapter 199 Grease and Other Slippery Substances
Chapter 200 Hand Trucks and Push Carts
Chapter 201 Hoses
Chapter 202 Ladders
Chapter 203 Logs and Logging
Chapter 204 Machinery and tools
Chapter 205 Medical Devices and Equipment
Chapter 206 Motorcycles
Chapter 207 Motors
Chapter 208 Pallets
Chapter 209 Poisons
Chapter 210 Scaffolding
Chapter 211 Sewage, Sewers, and Storm Drains
Chapter 212 Ships and Other Watercraft
Chapter 213 Signs and Signboards
Chapter 214 Smoke
Chapter 215 Snow, Ice, and Sleet
Chapter 216 Snowmobiles
Chapter 217 Steam
Chapter 218 Telephones
Chapter 219 Temperature Conditions
Chapter 220 Toys
Chapter 221 Traffic Lights, Signals and Stop Signs
Chapter 222 Trains
Chapter 223 Trees
Chapter 224 Trucks and Trailers
Chapter 225 Umbrellas
Chapter 226 Weather Conditions
Chapter 227 Windows

VOLUME 6

PART 7 TYPES OF ACTIONS
Chapter 228 Motor Vehicle Liability
Chapter 229 Premises Liability
Chapter 230 Labor Law Liability
Chapter 231 Municipal Liability
Chapter 232 Products Liability

PART 8 DAMAGES
Chapter 233 Damages in General
Chapter 234 Proof of Damages
Chapter 235 Compensatory Damages
Chapter 236 Punitive Damages
Chapter 237 Nominal Damages
Chapter 238 Aggravation of Damages
Chapter 239 Mitigation of Damages
Chapter 240 Personal Injuries
Chapter 241 Negligent and Intentional Infliction of Mental and Emotional Distress
Chapter 242 Death Actions
Chapter 243 Injuries to Spouse
Chapter 244 Injuries to Child
Chapter 245 Injuries to Employee
Chapter 246 Real Property Damaged or Destroyed
Chapter 247 Control of Court Over Damages
Chapter 248 Personal Property Lost or Destroyed
Chapter 249 Interest
Chapter 250 Appeal of Damage Awards

VOLUME 7

Index
Appendix

 

Shoot, Brian J.

Mr. Shoot, who specializes in appellate practice, is of counsel to the law firm of Sullivan Papain Block McGrath & Cannavo, P.C., in New York City. After having graduated Phi Beta Kappa and Summa Cum Laude from Union College in 1976, Mr. Shoot obtained his Juris Doctorate degree from New York University Law School in 1979.

Apart from his in-firm activities, Mr. Shoot is co-editor of the New York State Trial Lawyers Quarterly. He is also a member of the Office of Court Administration¿s Advisory Committee on Civil Practice, the committee that advises OCA as to the desirability of potential changes in matters of civil procedure.

A frequent lecturer on the subjects of municipal liability, premises liability, and tort damages, Mr. Shoot has spoken at the behest of such organizations as the Office of Court Administration, the Civil Court Judge¿s Association, the Brooklyn Barrister Association, the New York State Trial Lawyers Association, the Bar Association of the City of New York, and the New York State Bar Association. Mr. Shoot has published numerous articles in Trial Lawyers Quarterl y and other professional journals. His published writings have covered such subjects as interpretation and application of CPLR Articles 50-A and 50-B, interpretation and application of Section 15-108 of the General Obligations Law, prior written notice laws, and highway liability.

Moore, James C.

James C. Moore has been a trial lawyer for more than 40 years. For several years, he was a partner in the Rochester¿based firm of Harter, Secrest & Emery and is now counsel to that firm. Although he has specialized in construction and products liability litigation, he has also served as a prosecutor, has handled admiralty cases, and has appeared in church courts. Mr. Moore frequently serves as a mediator and as an arbitrator. Mr. Moore is a fellow of the American College of Trial Lawyers and has served as the president of the New York State Bar Association. He is currently the president of the U.S. Delegation to the Union Internationale des Avocats and is a member of the NYSBA¿s House of Delegates and the ABA¿s House of Delegates.

Mr. Moore has authored several legal writings/treatise chapters and articles and has lectured frequently at CLE programs. In addition, Mr. Moore served as a paratrooper in the U.S. Army and spent a year as an Army officer in the Republic of South Vietnam.

Miller, Henry G.

Henry G. Miller, a graduate of St. John¿s College (1952) and St. John¿s Law School (1959), is Past President of both the Westchester County Bar Association and the New York State Bar Association. He is also a Past Regent of the American College of Trial Lawyers, a Past Director of the International Academy of Trial Lawyers, a Fellow of both the American and New York Bar Foundations, and a Past Director of the New York State Trial Lawyers Association.

Mr. Miller is presently the senior partner of the law firm of Clark, Gagliardi & Miller, P.C., in White Plains, New York. He has tried hundreds of cases, mainly on behalf of plaintiffs, and has represented the severely injured in all kinds of catastrophic cases. Mr. Miller has frequently appeared on television and radio and is the author of the Settlements in the Art of Advocacy series as well as the editor of the New York Practice Guide: Negligence (both published by Matthew Bender) and most recently, On Trial: Lessons from a Lifetime in the Courtroom (published by ALM Publishing). Mr. Miller has been listed in The Best Lawyers in America and in New York Magazine¿s article on The Best Lawyers in New York. He has also taught as an adjunct professor at St. John¿s Law School.

Godosky, Richard

Richard Godosky has practiced law for more than forty years and is senior partner at the law firm of Godosky & Gentile, P.C., in New York City.

Mr. Godosky earned his B.A. from the City College of New York and his L.L.B. from Brooklyn Law School. He is a former President of the American Board of Trial Lawyers (New York City Chapter), a Fellow of the American College of Trial Lawyers, and a Fellow of the International Academy of Trial Lawyers.

Mr. Godosky is listed in The Best Lawyers in America, every edition to date.

Conason, Robert

Robert Conason is the senior partner of the law firm of Gair, Gair, Conason, Steigman and Mackauf in New York City. He took over from founder Harry Gair in 1975. He is an active trial lawyer who has tried over 200 cases. He joined the firm upon graduation from New York University Law School in 1960. He is consistently ranked one of the top personal injury lawyers in America and has been listed in every edition of The Best Lawyers in America. He has also been named in New York Magazine¿s article on The Best Lawyers in New York. His extensive experience over four decades includes representing clients who have been injured in catastrophic accidents involving motor vehicles, airplanes, construction sites, elevators, explosions, medical malpractice and products liability.

Mr. Conason routinely chairs local and national programs designed to educate lawyers as to the skills they need to represent their clients effectively and to try their cases successfully. He annually teaches Decisions, a lecture which advises New York lawyers about recent changes in the substantive and procedural law in the area of personal injury trial practice.

He is the author or coauthor of numerous legal writings/treatises including Damages in Tort Actions, 7 Volumes, Matthew Bender, 1982, Practical Solutions for New York Lawyers, LexisNexis, 2003, Trial of an Obstetrical Malpractice Case, Law Journal Seminars-Press, 1990 to 2001, and Failure to Diagnose Breast Cancer, Law Journal Seminars-Press, 1992 to 1999.

Mr. Conason is a member of many bar associations including: the Inner Circle of Advocates, the American Trial Lawyers Association, the American Board of Trial Advocates, the International Academy of Trial Lawyers, the American College of Trial Lawyers, and numerous state bar associations. He was also an adjunct Professor of Law at New York University Law School, teaching courses in his field.

Key, Rhonda E.

Rhonda E. Kay, a graduate of the State University of New York at Binghamton (1985) and St. John¿s University Law School (1990), is a partner of the law firm of Gair, Gair, Conason, Steigman and Mackauf in New York City. She joined the firm in 1992, after having served as a Senior Court Attorney in the Appellate Division, Second Department. Ms. Kay has written course materials for various bar association seminars, including the prestigious Decisions seminar, which advises attorneys throughout New York State as to recent changes and developments in the law. She has co-authored a chapter in a products liability treatise and has lectured at several continuing legal education programs sponsored by the New York State Bar Association and the New York State Trial Lawyers Institute.

Ms. Kay¿s professional affiliations include memberships in the New York State Bar Association; the New York State Trial Lawyers Institute; and the New York County Lawyers Association where she formerly served as an officer of the Appellate Advocacy Committee.