In Gomez v. Yussuf, a left-turn car accident case, the court dismissed plaintiff’s case, finding that plaintiff was the sole proximate cause of the accident. It described the accident as follows: Plaintiff was the driver of a car which hit a vehicle owned and operated by defendant at the intersection of Rockaway Boulevard and Beach 56th…
Read More Left Turn Accident Was All Plaintiff’s Fault, Court FindsHere’s the personal injury lawsuit recently filed by Ebrahim Noorani against Dylan’s Candy Bar. Plaintiff asserts that, while he was at defendant’s store in April 2013, he “was seriously injured when he bit into white chocolate which had a screw in it.”
Read More Screw Lawsuit Against Dylan’s Candy BarIn Haight v NYU Langone Med. Ctr. (decided June 27, 2014), the Southern District of New York held that plaintiff, a pediatric nurse, sufficiently pleaded claims for hostile work environment sexual harassment, disability discrimination, and negligent hiring/retention. Plaintiff alleged, among other things, that a co-worker discussed plaintiff’s medical problems with other NYU employees, put her hands…
Read More Nurse Sufficiently Alleges Hostile Work Environment Sexual HarassmentIn Bhanusali v. Orange Regional Medical Center, the Second Circuit (in a Summary Order issued July 16, 2014) vacated the district court’s dismissal of plaintiff’s age, national origin, and race discrimination claims under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. Plaintiff, an Asian Indian-American orthopedic surgeon, alleged in his complaint…
Read More Surgeon Plausibly Alleged Discrimination Claims Based on “Sham Peer Review”In a July 16, 2014 lawsuit, Rikers inmate Roberto Nieves asserts that he was improperly denied the ability to practice his Wiccan religion. Here’s the NY Post story. In his inmate grievance (page 8 of the filing) plaintiff asserts that his brother tried to leave him three religious books – a “Wicca Bible”, “book of shadows”,…
Read More Wiccan Inmate Files $30 Million Lawsuit Alleging Denial of Access to Written MaterialsIn Sylvester v. Jimenez, an automobile accident case, Judge Bluth of the New York Supreme Court denied defendant’s motion for summary judgment that plaintiff did not sustain a “serious injury” under Insurance Law 5102(d). This was a two-car accident; plaintiff Sylvester was driving, and plaintiff Turner was a passenger, in one car, and defendant Jimenez…
Read More Failure to Address Asserted Injuries Results in Denial of Summary Judgment of no “Serious Injury” in Car Accident CaseIn Echevarria v. Insight Medical, P.C. et al, SDNY Case No. 13-cv-03710, a federal jury recently awarded a plaintiff $50,000 in compensatory damages ($0 in punitive damages) in her sexual harassment and retaliation lawsuit against a Bronx medical practice and its principals. Plaintiff alleged that one individual defendant sexually harassed her – by, for example, sending her unwanted text messages…
Read More Jury Awards $50,000 to Plaintiff on Retaliation Claims in Sexual Harassment LawsuitA Brooklyn federal jury recently awarded $40,000 (comprising $10,000 compensatory, $30,000 punitive) to plaintiff Corey Lashley on his claims of quid pro quo sexual harassment, hostile work environment, discrimination, and retaliation. Plaintiff alleged in his complaint that his female boss – who hired him after meeting him at a nightclub – sexually harassed him and fired him after he rebuffed…
Read More Jury Awards $40,000 to Man Sexually Harassed by Female BossYesterday a Brooklyn federal jury awarded (verdict sheet here) plaintiff Kevin Jarman $510,000 ($480,000 compensatory, $30,000 punitive) in damages arising from alleged excessive force during an arrest for shoplifting from a Path Mark store. Plaintiff alleged in his complaint that after he was handcuffed, the arresting officer “yanked very violently on the handcuffs” which caused plaintiff to lose…
Read More Jury Awards $510,000 to Man Whose Ankle Was Broken By PoliceHere’s the complaint recently filed by Vanessa Harris and Kimberly Mealer against McDonald’s Corporation and others, in which they allege sexual harassment, race discrimination, retaliation, hostile work environment, retaliation, and constructive discharge. (This isn’t the first time McDonald’s has been in hot water over allegations of sexual harassment.) They claim (among other things) that their white manager…
Read More Not Lovin’ It: Lawsuit Alleges Sexual Harassment at McDonald’s