The AAJ, citing the Pittsburgh Tribune-Review, reported today that ” The House Judiciary Committee has approved a bill to give active duty members of the military the right to file medical malpractice suits against the government. In a 14-12 vote along strict party lines, the Democratic controlled panel Wednesday sent the bill to the full House where supporters contend the measure to repeal the so-called Feres Doctrine stands a good chance of winning approval. Rep. Steve Cohen (D-NY), whose subcommittee backed the bill, said eliminating the lawsuit ban was a question of fundamental fairness. “
Fall Was The Result Of Elevated Related Risk
July 5, 2013
In, NICOMETI v. THE VINEYARDS OF FREDONIA, LLC (June 2013) the Fourth Department held that contrary to the contention of defendants, the Supreme Court properly concluded that plaintiff’s fall was the result of an elevation-related risk for which Labor Law § 240 (1) provides protection.