Personal Injury

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In Pearce v. Home Depot U.S.A., Inc., No. 14 CIV. 6836, 2016 WL 4540832 (S.D.N.Y. Aug. 30, 2016), the court denied defendant’s summary judgment motion on plaintiff’s personal injury / slip-and-fall claim. In sum, plaintiff claimed that they were injured when they slipped on a wet substance while in defendant’s store. As explained by the court,…

Read More Slip/Fall Case Continues; Destruction of Video Leads to Inference of Constructive Notice
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In Goodwin v. Dix Hills Jewish Ctr., 2016 NY Slip Op 07293 (App. Div. 2nd Dept. Nov. 9, 2016), a construction accident case, the court held that plaintiff established a violation of New York Labor Law § 240(1). It therefore modified a lower court order denying plaintiff’s, and granting defendant’s, motion on that issue. Here are the…

Read More Injured Worker Who Fell From Ladder Entitled to Summary Judgment on Labor Law 240(1) Claim; Work Was Ancillary to Covered Activity of “Altering”
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If, while out and about this holiday season, you encounter a pile of Christmas trees, tread carefully. In Barchi v. Rudin E. 55th St. LLC, 2016 NY Slip Op 07266 (App. Div. 1st Dept. Nov. 3, 2016), the court affirmed the summary judgment dismissal of plaintiff’s trip-and-fall personal injury complaint. From the decision/order: Defendants satisfied their prima…

Read More Christmas Tree Trip-and-Fall Complaint Dismissed
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In a lawsuit filed on Oct. 3, 2016, captioned Jane Doe v. Donald J. Trump and Jeffrey E. Epstein, SDNY 16-cv-7673, plaintiff alleges, among other things: 10. Defendant [Donald J.] Trump initiated sexual contact with Plaintiff at four different parties. On the fourth and final sexual encounter with Defendant Trump, Defendant Trump tied Plaintiff to a…

Read More Donald Trump Rape Lawsuit
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A recent First Department decision, Rosario v. Prana Nine Props., LLC, 2016 NY Slip Op 06431 (Oct. 4, 2016), upheld the lower court’s dismissal of plaintiff’s personal injury slip-and-fall case. The court summarized the law as follows: A defendant who moves for summary judgment in a slip and fall case has the initial burden of…

Read More Slip/Fall Case Dismissed; No Duty to Correct Pedestrian-Tracked Water; No Notice of Urine
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A recent decision, Joseph v. City of New York, 2016 NY Slip Op 06649 (App. Div. 1st Dept. Oct. 11, 2016), illustrates the limitation of New York Labor Law 240(1), which imposes strict liability in certain construction-related accidents. From the decision: Plaintiff Lindy Joseph was struck by a pipe while it was being flushed clean with…

Read More Pressure, Not Gravity, Caused Pipe-Related Injury; Labor Law 240(1) Claim Dismissed
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In Balleram v. 11P, LLC, 2016 NY Slip Op 06458 (App. Div. 1st Dept. Oct. 4, 2016), the court affirmed a lower court’s order granting summary judgment dismissing plaintiff’s complaint. Briefly, plaintiff sued to recover damages for personal injuries she allegedly sustained as a result of her slipping and falling while standing in her bathtub taking a…

Read More Court: No Statutory Duty to Install a “Handrail or Grab-Bar” in Apartment Bathroom
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In Chimbo v. Bolivar, 2016 NY Slip Op 05969 (App. Div. 2nd Dept. Sept. 14, 2016) – an auto accident case arising from a collision between plaintiff’s vehicle and defendant’s garbage truck – the court reversed an order granting summary judgment to defendant. This decision reminds us of summary judgment is not permissible where there are…

Read More Conflicting Versions of Car Accident Result in Reversal of Summary Judgment for Defendant
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In Rodriguez v. City of New York, 2016 NY Slip Op 05943 (App. Div. 1st Dept. Sept. 1, 2016), the court held that a plaintiff moving for summary judgment on liability must demonstrate, as a matter of law, that s/he is free from comparative fault. From the decision: In this case, we are revisiting a vexing…

Read More First Department: Personal Injury Plaintiff Must Show Freedom From Comparative Fault in Order to Win Summary Judgment on Liability
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The Huffington Post reports that the woman who released worms and crickets on a NYC Subway on August 24, 2016, Zaida Pugh, said she did so as a prank. As can be seen on the video included in the article, the release of the creatures created pandemonium and caused people to scream in terror; apparently…

Read More Cricket Subway “Prank”: Intentional Infliction of Emotional Distress?
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