In Ingram v. Life Fitness, 2016 NY Slip Op 05085 (App. Div. 1st Dept. June 28, 2016), the court reversed a denial of summary judgment to defendants, and directed the clerk to enter judgment dismissing the complaint. In her complaint, plaintiff alleged that, while she was attempting to step on a treadmill – identified in the […]
Shawn Bickham just wanted a Coke. He got one from the fridge and started drinking. After he had finished about half the can, he “felt something get caught in his throat” which “felt like something poking and something just stuck, lodged [in his throat].” It turned out that the object was a non-metallic “dried, brittle […]
Here is the complaint filed by William Mack against Lehigh Outfitters LLC and Rocky Brands Inc. Plaintiff, who is seeking $10 million, alleges that a defect in defendants’ shoe caused him to suffer damages. According to the New York Post article on the lawsuit: Transit veteran William Mack of Long Island is suing a footwear manufacturer […]
As illustrated by a 1930 First Department products liability case, there are, apparently, worse things than shooting your eye out with a toy gun. Setting yourself on fire, for example. From Crist v. Art Metal Works, 230 A.D. 114, 116, 243 N.Y.S. 496, 497 (App. Div. 1930) aff’d, 255 N.Y. 624, 175 N.E. 341 (1931): Defendant […]
In Reis v. Volvo Cars of N. Am., decided July 1, 2014, the Court of Appeals held that the trial court erroneously charged the jury in a design defect case, requiring reversal and a new trial. Here are the facts of this product liability case: On May 24, 2002, plaintiff’s friend, Americo Silva, was showing plaintiff […]
Below is the complaint recently filed in New York state court by the estate of Joseph Annunziato, who was allegedly killed when his Murphy bed struck him. It includes claims sounding in negligence, breach of implied and express warranty, and strict liability. Here’s one news story about the suit.
Under New York law, a plaintiff suing a municipality (including the City of New York) must first file what is called a “Notice of Claim.” The particulars of the Notice of Claim requirement are spelled out in General Municipal Law § 50-e. In Jimenez v. City of New York, decided May 15, 2014, the Appellate Division, First […]
Here is the complaint in Terry v. Red Bull North America, Inc., which was filed in New York State Court in Brooklyn on October 24, 2013. The lawsuit seeks damages arising from the death of Cory Terry, which was allegedly caused by his ingestion of Red Bull. According to the complaint: On or about the evening of […]