Legal Question in Personal Injury in New York
appealing a decision to dispose
I was hurt on a persons property. It was his fault and I suffered disfiguration, loss of work for 6 mos. At deposition my attorney advised me to steer clear of the fact that what caused the accident. When I was asked the question'' how did you fall'' I stated that I was unsure. My attorney did nothing to stop the questioning or intervine and tell me that this was the big question. The court has just answered a motion to dispose the case and has thrown out my case. The attorney also asked me not to write anything on the deposition when she sent it to me to sign it. I would like to appeal this. Can you please tell me how to do this?
Thank You
1 Answer from Attorneys
Re: appealing a decision to dispose
If what you say is correct about you not knowing what caused you to fall, any appeal will, from the very very limited facts that I know, not be fruitful. For somebody to be negligent in their premises, you must show what caused you to fall in order to establish what it was so that the cause of the fall is placed onto the defendant. This is a very simplistic answer and I hope that it helps somewhat.
Good Luck
RRG