By this point you’ve probably heard about Roy Ortiz, the Colorado man who, after being rescued from a submerged car, is considering suing his rescuers, apparently because they took too long to free him. The reactions of many were predictable: outrage, directed at Mr. Ortiz and (of course) his lawyer. Here’s one of many examples taken from…
Read More Suing Your Rescuers – Ridiculous! Or Maybe Not…In Johnson v. KS Transportation, a car accident case, the Appellate Division, First Department modified a summary judgment dismissing plaintiff’s complaint on the ground that plaintiff did not suffer a “serious injury” within the meaning of Insurance Law § 5102(d). Section 5104(a) of New York’s No-Fault Law provides, in pertinent part, that “in any action by or…
Read More Fact Issue as to Whether Knee Injury Meets “Serious Injury” Threshold Precludes Summary Judgment for Defendant in Car Accident CaseOften, the facts that give rise to employment discrimination, hostile work environment, or constructive discharge claims will give rise to state law claims such as assault, battery, or intentional infliction of emotional distress. This is what happened in Castagna v. Luceno and Majestic Kitchens. There, plaintiff alleged that her boss, Bill Luceno, engaged in physically abusive…
Read More Filing EEOC Charge Does Not Toll Statute of Limitations for Related State Tort ClaimsIn Castagna v. Luceno and Majestic Kitchens, 2014 WL 840820 (Summary Order), the U.S. Court of Appeals for the Second Circuit recently vacated a district court’s grant of summary judgment to defendants, and held that a reasonable jury could conclude that plaintiff suffered a sex-based hostile work environment under Title VII of the Civil Rights Act of…
Read More Physical Threats Directed Solely at Women Supported Claim of Hostile Work Environment Based on SexIn Ali v. State of New York, the Appellate Division, Second Department held that the lower court properly dismissed plaintiff’s claim for personal injuries allegedly suffered as a result of defendant’s employee’s conduct. Here are the facts: On February 24, 2009, the claimant was in the waiting area of the office of the New York…
Read More Employer Not Liable for Employee’s Conduct Under the Doctrine of “Respondeat Superior”Personal injury lawsuits arising from car accidents are quite common, and liability is typically determined by assessing whether the defendant (often a driver) behaved negligently – that is, by failing to exercise that degree of care that a reasonably prudent person would have used under the same circumstances. As recently illustrated in the Second Department’s…
Read More Pedestrian Injured by Police Car Presents Sufficient Evidence to Overcome Summary JudgmentBefore law school I waited tables for a bit. One time a group of customers at one of my tables left without paying their $30 (give or take) bill. My manager threatened to make me pay for it. I don’t remember whether he actually followed through with the threat – but if he had, and assuming…
Read More “Dine and Dash” Wage Lawsuit Against Pig N’ WhistleBelow is the state court complaint recently filed by Emily Feliciano against Starbucks and assistant manager Anthony Nunez. Among other things, plaintiff alleges that Nunez sexually harassed plaintiff verbally (such as by making an obscene observation that she was “wet”, telling her to call him “daddy”, and demanding sex) and physically (such as by trapping her…
Read More Sexual Harassment Lawsuit Against StarbucksIn Krajniak v. Jin Y Trading, the Appellate Division, Second Department affirmed a summary judgment for plaintiff on the issue of liability in a car accident case, due to the defendant’s violation of Vehicle and Traffic Law § 1141. The statute provides. The driver of a vehicle intending to turn to the left within an…
Read More Unsafe Left Turn Results in Proper Award of Summary Judgment to Plaintiff in Car Accident CaseA recent First Department decision, Abott v. City of New York, holds that the trial court properly dismissed plaintiff’s trip-and-fall complaint: The court properly directed a verdict for defendant City, as there was no rational process that would lead the trier of fact to find for plaintiff, who was injured after stepping into a pothole.…
Read More Pothole Injury Case Dismissed in Light of Prior Repairs