UNIT I: LAW OF NEGLIGENCE
1 Introduction
2 Law of Negligence
3 Contribution and Comparative Negligence
UNIT II: CIVIL PRACTICE AND PROCEDURE IN THE NEGLIGENCE CASE
4 The Retainer Agreement; Allowable Fees; Change of Attorneys
5 Preliminary Investigation and Gathering of Evidence
6 Statute of Limitations
7 Choosing the Proper Court
8 Joinder of Parties
9 Commencing the Action and Defendant Response
10 The Notice of Claim
11 Pleadings
12 Law of Evidence in Civil Negligence Cases
13 Reserved
14 The Preliminary Conference
15 The Bill of Particulars
16 Dispositive Pre-Trial Motions
17 Reserved
18 Overview of Disclosure
19 Medical Malpractice Panels
20 Calendar Practice and Trial Preference
21 The Use of Expert Witnesses in New York Personal Injury Actions
22 Damages
23 Reserved
24 Settlement
25 Post-Trial Motions
26 Federal Tax Treatment of Awards and Settlements in New York Tort Actions
UNIT III: MAJOR CAUSES OF ACTION
27 Premises Liability
28 Reserved
29 Products Liability
30 Reserved
31 Motor Vehicle Negligence
32 Reserved
33 Government Liability
34 Reserved
35 Medical Malpractice
36 Reserved
37 Construction Accidents
I Uniform Rules for the Engagement of Counsel
II Uniform Rules for the Jury System
III Awards of Costs and Imposition of Financial Sanctions for Frivolous Conduct in Civil Litigation
IV Audio-Visual Coverage of Judicial Proceedings
V Uniform Civil Rules for the Supreme Court and the County Court
Table of Cases
Table of Statutes
Index
Oscar G. Chase is Russell D. Niles Professor of Law and Executive Co-Director of Dwight D. Opperman Institute of Judicial Administration at the New York University School of Law. Professor Chase is also the author of Civil Litigation in New York (5th Edition 2007) (with Robert Barker).
Born and raised in Brooklyn, New York, Henry G. Miller has been trying cases for almost 25 years in New York City and its environs. He is a member of the firm of Clark, Gagliardi & Miller, P.C. in White Plains, New York. Mr. Miller is a past President of the New York Bar Association. He is a Fellow of the American College of Trial Lawyers and the International Academy of Trial Lawyers, a member of the American Board of Trial Advocates and a diplomate of the American Board of Professional Liability Attorneys. He is a Director of the New York State Trial Lawyers Association, a member of the Association of Trial Lawyers of America and a Fellow of the Roscoe Pound American Trial Lawyers Foundation and the New York Bar Foundation. Mr. Miller attended law school at night at St. John's University where, as an adjunct professor, he has returned on occasion to teach a course on Law and Medicine.