November 6, 2013 – Pospis Law, PLLC

November 6, 2013 by mjpospis

Claims Arising From Trip on UPS Packages Not Prempted; UPS Not Liable Due to Absence of Duty

In Huertas v. UPS, plaintiff (a TJ Maxx employee) sued United Parcel Service (UPS) for injuries sustained when she tripped and fell over stacked boxes left by UPS. The court awarded summary judgment to defendant and dismissed plaintiff’s complaint. Plaintiff testified: I said to the UPS guy, please put the boxes on the counter. We don’t…

Visual Arts Student Files Civil Rights Lawsuit Following Arrest for Filming NYPD Precinct

In a lawsuit captioned Thomas v. City of New York, EDNY 13-cv-6139 (filed 11/6/13), plaintiff Justin Thomas – a School of Visual Arts senior – alleges that he was unlawfully arrested while filming the exterior of the NYPD’s 72nd Precinct station house for his senior class video project. Here is the Gothamist article with embedded video footage…

Pregnancy Discrimination Lawsuit Against OB-GYN

In a lawsuit captioned Mercado v. Dr. Gabriela Ana Olaru (N.Y. Sup. Ct. Index No. 160167/2013), plaintiff Jennifer E. Mercado alleges that her employer discriminated against her because of pregnancy-related work absences and lateness. From the complaint: Ms. Mercado found out that she was pregnant in or around April of 2011 and informed her employer shortly thereafter.…