Even in cases involving horrific injuries or death, the plaintiff must still prove negligence – that is, a deviation from the relevant standard of care – in order to win. That’s the lesson of Clark v. Amboy Bus Co., decided by the Appellate Division, Second Department on May 21, 2014. In this tragic case of…
Read More Bus-Bicycle Accident Death Case Dismissed, Where Bus Driver Acted With Due CareKosarin-Ritter v. Mrs. John L. Strong, LLC, decided by the First Department on May 22, 2014, illustrates the often difficult burden encountered by a discrimination plaintiff. In affirming the trial court’s grant of summary judgment for defendants, the court stated: Defendants established that there is no evidentiary route that could allow a jury to believe…
Read More Alleged Ageist Remarks Insufficient to Support Discrimination ClaimIn Contreras v. United Rentals (North Am.) Inc., a car accident case, the Supreme Court, Suffolk County, denied defendants’ motions for summary judgment dismissing plaintiffs’ complaint on the ground that they did not suffer a “serious injury” within the meaning of New York Insurance Law § 5102(d). Marcos Conteras was driving, and Nydia Contreras was…
Read More Evidence of “Serious Injury” Precludes Summary Judgment for Defendants in Tractor Trailer Accident CaseIn Lehman v. Bergmann Associates (decided March 31, 2014), the Western District of New York held that plaintiff adequately pleaded some, but not other, employment discrimination claims. The case provides a good review of federal pleading standards for various employment-related claims. Plaintiff alleged that she was the first woman to hold a senior management position at…
Read More Court Provides Guidance on Pleading Employment Discrimination ClaimsI came across an interesting sign (pictured) on my way to work this morning. We’ve all seen signs stating (with some variation) that the business “reserves the right to refuse service to anyone”. While it sounds impressive to “reserve rights”, it’s helpful to understand what rights are being reserved. Can a business really refuse service…
Read More The “Right” to Refuse ServiceIn Halsey v New York City Transit Authority, 114 AD3d 726, the Second Department affirmed a judgment, entered on a jury verdict in plaintiff’s favor, in the principal amount of $3,000,000 for future pain and suffering. Plaintiff was injured when a bus on which she was riding struck a utility pole. Plaintiff’s injuries included a protruding…
Read More Court Affirms $3 Million Future Pain and Suffering Jury Award in Bus Accident CaseIn Prince v. Lovelace, decided March 4, 2014, the Appellate Division, First Department reversed a trial court’s decision that plaintiff did not suffer a “serious injury” under New York’s “No-Fault” Law, Insurance Law § 5102(d): Defendant failed to establish prima facie that plaintiff did not suffer a serious injury to his right knee as a…
Read More “Serious Injury” to Knee in Car Accident CaseJahn v. SH Entertainment, LLC is a slip-and-fall case decided by the First Department on May 8, 2014. The court affirmed the denial of defendant’s motion for summary judgment. Plaintiff was injured when he slipped and fell on water. Generally, “[a] defendant who moves for summary judgment in a slip-and-fall case has the initial burden of…
Read More Slip/Fall Case Continues; Employees May Have Left Out Bags of IceHere is the complaint recently filed by Natasha Reyes against the City of New York. She alleges that while sledding in Riverside Park, “she was caused to sustain severe and serious injuries when her sled went through a hay barrier and into a park bench that was located immediately behind the barrier.” She claims, among other…
Read More Sledding Injury LawsuitUnder 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…
Read More Notice of Claim Sufficiently Alleged Playground Equipment’s Defective Design