Personal Injury

by

In Wagman v Morgan Stanley Children’s Hospital of New York Presbyterian, No. 160709/21, 2022-05622, 771, M-3778, 2023 N.Y. Slip Op. 05214, 2023 WL 6626886 (N.Y.A.D. 1 Dept., Oct. 12, 2023), the court unanimously affirmed the lower court’s Order granting plaintiff’s motion, pursuant to CPLR 3126, to strike defendants’ answer for spoliation of evidence. In this…

Read More Failure to Preserve Slip/Fall Video Results in Stricken Answer
Share This:
by

In Browne v Lyft, No. 2021-01314, 717499/19, 2023 N.Y. Slip Op. 04102, 2023 WL 4918610 (N.Y.A.D. 2 Dept., Aug. 02, 2023), the court reversed a lower court decision, and granted the defendant’s motion to dismiss plaintiff’s causes of action for vicarious liability under the doctrine of respondeat superior and fraud. Plaintiff alleged, in sum, that after utilizing…

Read More Sexual Misconduct Lawsuit, Under “Respondeat Superior” Theory, Dismissed Against Lyft
Share This:
by

In DeCollibus v. Schimmel, 2023 NY Slip Op 00372 (N.Y. App. Div. 1st Dept. Ja. 26, 2023), the court affirmed the lower court’s order dismissing plaintiff’s negligence claim, arising from injuries sustained when defendant’s dog (Lola) chased a ball onto a road in Central Park and collided with plaintiff while she was riding her bike.…

Read More Chasing Ball Was “Normal Canine Behavior”, Not Evidence of “Vicious Propensities”
Share This:
by

As you may have heard, actor/rapper Will Smith smacked comedian/actor Chris Rock at the 2022 Oscars after Mr. Rock made a joke referring to Mr. Smith’s wife’s bald head. Many news organizations reported this event as a “assault.” However, in the civil (as opposed to criminal) context, there are, among potentially others, two distinct causes…

Read More Battery, Assault, and the Oscar Slap Heard (and Seen) Throughout the World
Share This:
by

In Valdez v. Upper Creston, LLC, 2022 NY Slip Op 00367 (NY App. Div. 1st Dept. Jan. 20, 2022), a personal injury case, the court unanimously affirmed the lower court’s order granting plaintiff’s motion for summary judgment on the issue of liability against defendant. In this premises liability case, the plaintiff (a resident of a…

Read More “Res Ipsa Loquitur” Applies in Personal Injury Case Arising From Collapsing Drain
Share This:
by

In a January 3, 2022 Order in Elden v. Nirvana, L.L.C. et al, C.D. Cal., No. CV 21-6836, a California federal court dismissed plaintiff Spencer Elden’s lawsuit against Nirvana L.L.C. et al. In this lawsuit, plaintiff – whose image (as a baby) appears on Nirvana’s 1991 “Nevermind” album – alleged, inter alia, that he was…

Read More Oh Well, Whatever, Nevermind: Baby Model’s Lawsuit Against Nirvana (Temporarily) Ends With a Whimper
Share This:
by

Let’s say, hypothetically, you are a burglar and decide to target a particular house owned by a family that will be away (overseas) for the Christmas holiday – i.e., for at least a week, without any indication that any of the family (let alone their 8 year-old son) is left Home Alone. So you and…

Read More Lime & Merchants v. McCallister
Share This:
by

In Norwood v Simon Property Group, No. 2017-11874, 5155/12, 2021 N.Y. Slip Op. 07006, 2021 WL 5913212 (N.Y.A.D. 2 Dept., Dec. 15, 2021), the court discussed and applied the doctrine of “respondeat superior” to deny a motion to dismiss plaintiff’s claims against a movie theater for the actions of one of its managers. Here are…

Read More “Respondeat Superior” Applied Against Movie Theater For Manager’s Alleged Use of Pellet Gun Against Patron
Share This:
by

In Peldman v. Kalahari Resorts, LLC, No. 161385/2019, 2021 WL 3619757 (Sup. Ct. N.Y. Cty. August 16, 2021), the court held, inter alia, that the court did not have personal jurisdiction over an out-of-state (PA) defendant. Among other things, the plaintiff argued that defendant’s connections to New York – including purchase of a float in…

Read More Purchase of Floats in Macy’s Thanksgiving Day Parade Insufficient to Confer Personal Jurisdiction
Share This: