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Law Offices of Jonathan M. Cooper

New York Noncompete, Trade Secret & School Negligence Blog

This blog by the six-time published author Jonathan Cooper, is intended to educate the general public about issues of interest, particularly innovations and changes in the law, in the areas of non-compete agreements, breach of contract matters, school negligence (and/or negligent supervision), construction accidentsslip and/or trip and fall accidentsauto accidents, and, of course, defective or dangerous products

For additional information on any of these topics, readers are encouraged to download these FREE e-books:

 


10/11/2010
Jonathan Cooper
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Friends Who Got Their Own Designated Driver Drunk Not Liable, Says NY Court

Long Island, New York car accident attorney Jonathan Cooper discusses a recent decision from a Long Island court which held that passengers in a car who had gotten their designated driver drunk were not legally responsible for the accident that followed. For additional information on New York's laws regarding third parties' liability for drunk driving, please see https://www.jonathancooperlaw.com/library/how-new-yorks-dram-shop-laws-hold-bars-liable-for-drunk-drivers.cfm, or contact Jonathan Cooper directly at 516-791-5700.

Category: Keyword Search: auto accident new york

8/5/2010
Jonathan Cooper
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How I Helped a Child Settle His NY School Negligence Case - And Got a Hug

Long Island, New York car accident, personal injury and child injury attorney Jonathan Cooper discusses how he was able to help one child achieve a settlement that made him so happy that he gave Mr. Cooper a hug on the courthouse steps. For additional information on what to expect in a car accident case under New York law, please download Jonathan Cooper's Free book on New York accident cases entitled "Why Most Accident Victims Do Not Recover the Full Value of Their Claim" from www.TheNewYorkAccidentBook.com.

Category: Keyword Search: auto accident new york

12/14/2009
Jonathan Cooper
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Computer/Cell Phone User Beware: Your Records May Be Discoverable In A NY Car Accident Case

In an opinion published on the front page of today's New York Law Journal, an appellate court held that a driver's computer and cell phone records must be disclosed in order to verify whether he was - or wasn't - using them at the time of the car crash. For additional information on car accident cases generally, and how to avoid common mistakes that will reduce the value of your accident claim, please download Long Island, New York accident attorney Jonathan Cooper's Free e-Book at www.TheNewYorkAccidentBook.com.

Category: Keyword Search: auto accident new york

9/29/2009
Jonathan Cooper
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IAlthough the merits of the underlying personal injury lawsuit are highly questionable, in a fascinating and important decision that was handed down last week, and published in today's New York Law Journal, one of New York's Appellate courts reversed a Westchester County trial court's decision, and held that the driver of a car that hits a drunk can in turn seek contribution from the bar that served the plaintiff too much alcohol, in violation of New York's Dram Shop Act, to compel the bar to pay their fair share of the blame for the auto accident.

In this case, O'Gara v. Alacci, the driver of a car knocked down the plaintiff, who had wandered into the middle of a parkway after leaving a bar. The plaintiff sued to recover damages for her personal injuries, and contended that the driver of the car handled his car negligently, and therefore bore some resposibility for the accident. The defendant driver, in turn, sued the bar that served alcohol to the plaintiff, asserting that the bar was also somewhat responsible for the accident, because they served alcohol to the plaintiff even after she was obviously drunk.

New York's Dram Shop Act states that anyone who has been injured, whether personally, or even monetarily, due to the intoxication state of another is entitled to recover in contribution from the one who unlawfully caused or added to the intoxication, i.e., after the person was already clearly intoxicated.

In issuing this ruling, the Appellate court rejected the trial court's holding that the bar's duty to abstain from serving alcohol to an already-drunk person runs only to that person; instead, the Appellate court held that this duty also runs to the general public, including the driver of the car that was involved in this pedestrian knockdown.



Category: Keyword Search: auto accident new york