On November 22, 2011, the New York Appellate Court published their decision in Johnson v. City of New York where a personal injury lawsuit was summarily dismissed against the City of New York for the loss of an unborn child during a motor vehicle accident with a police car.  The city moved for summary judgment in the Supreme Court, where it was granted.  Plaintiff appealed the decision.  The Appellate Division affirmed the decision in part.

By affirming, the court found there were no triable issues of fact as it pertained to the loss of the unborn child.  However, plaintiff did sustain a fractured leg in the auto accident, which could satisfy New York statutory threshold issues.  That matter, the court opined, should be left for the trier of fact at the Supreme Court level.

Persons who suffer injury or are otherwise damaged by the negligence of municipalities and/or their agents and have a case pending under state negligence laws, may be eligible to receive lawsuit funding from a company which offers lawsuit loans to plaintiffs while the  lawsuit is being litigated.  The money can be used at the client’s discretion and need not be repaid if the case is unsuccessful.