Jeffrey S. Lichtman and Richard A. Menchini write:
Over the past year, the New York Court of Appeals has handed down three decisions that provide clear and broadly applicable interpretation of both statutory rules and common law principles in tort cases. These cases deal with a medical facility’s duty to protect patients’ medical records and the employer’s vicarious liability for acts of employees performed outside the scope of their employment, whether New York recognizes medical monitoring as an independent cause of action or as an element of damages, and the liability of a product manufacturer after substantial but foreseeable modifications have been made to an allegedly defectively designed product.
Read more on New York Law Journal. Their discussion includes John Doe v. Guthrie Clinic, a case previously covered on this blog in a number of posts.