Personal Injury

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In McRae v. Venuto, No. 2014-10748, 2016 WL 515794 (N.Y. App. Div. 2nd Dept. Feb. 10, 2016), the court held that plaintiff raised a triable issue of fact on her slip-and-fall case: Here, the defendant established, prima facie, his entitlement to judgment as a matter of law by submitting the deposition testimony of the plaintiff, which…

Read More Eyewitness Affidavits Save Slip-and-Fall Case From Summary Judgment Dismissal
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In Bhatia v Cummings, 2016 NY Slip Op 00918 (App. Div. 2d Dept. Feb. 10, 2016), plaintiff was driving his car when he was struck in the rear by a vehicle operated by defendant. Plaintiff sued, and defendant (the rear-ender) asserted a counterclaim for negligence. The Supreme Court granted plaintiff’s motion dismissing defendant’s counterclaim; the Appellate Division…

Read More Leading Car’s Alleged Slamming on Brakes and Improper Signaling Creates Fact Issue in Rear-End Car Accident Case
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In Mazza v. Our Lady of Perpetual Help Roman Catholic Church, 134 A.D.3d 1073 (N.Y. App. Div. 2nd Dept. 2015), the court affirmed the lower court’s denial of defendant’s motion for summary judgment on liability, and declined to find that the alleged defect upon which plaintiff tripped was “trivial” as a matter of law. In…

Read More Trip-and-Fall Case Continues; Alleged Defect Was Not “Trivial”
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In the recent case of Bryant v. Town of Brookhaven, No. 12761/10, 2016 WL 230089 (N.Y. App. Div. 2d Dept. Jan. 20, 2016) provides an overview of the personal injury law concept of “assumption of risk”. Here, the injured plaintiff was playing golf when he slipped and fell on a wet wooden railroad tie that lined…

Read More Golfer Assumed Risk; Slip/Fall Case Dismissed
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In Brown v. Addison Hall Owners Corp., No. 16744, 2016 WL 237527 (N.Y. App. Div. Jan. 21, 2016), the Appellate Division, First Department affirmed the denial of summary judgment to defendants on plaintiff’s personal injury premises liability (slip/fall) claim. From the decision: In this action alleging a slip and fall on a wet floor inside…

Read More Decision: Slip/Fall Case Survives Summary Judgment; No Evidence that Defendants Mopped on Day of Accident
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“Under the so-called ‘storm in progress’ rule, a property owner will not be held responsible for accidents occurring as a result of the accumulation of snow and ice on its premises until an adequate period of time has passed following the cessation of the storm to allow the owner an opportunity to ameliorate the hazards…

Read More New York’s “Storm in Progress” Rule
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In Domaszowec v. Residential Mgmt. Grp. LLC, No. 16697, 2016 WL 208299 (N.Y. App. Div. Jan. 19, 2016), the First Department held that the plaintiff was entitled to summary judgment on her Labor Law § 240(1) claim. Labor Law § 240(1), the so-called “Scaffold Law”, provides in pertinent part: All contractors and owners and their…

Read More Window Cleaner Died While “Cleaning” Within Meaning of NY’s “Scaffold Law”, Labor Law § 240(1), Court Holds
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In Foley v. Santucci, 2016 NY Slip Op 00330 (App. Div. 2nd Dept. Jan. 20, 2016), a car accident case, the court reversed the denial of plaintiff’s motion for summary judgment. It explained: [Non-party witness affidavits] demonstrated that the sole proximate cause of the subject accident was the defendant driver’s violation of Vehicle and Traffic Law §…

Read More Left Turn Without Yielding Right of Way Results in Summary Judgment for Plaintiff in Car Accident Case
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The tragic story of the death of 15-year-old Natalia Jimenez is making the rounds. The New York Times reports, for example, that Ms. Jimenez died on Friday (1/15/16) afternoon after she tried to jump from one rooftop to another in Manhattan’s Hell’s Kitchen neighborhood. The Times article continues: A neighbor chastised [Natalia and her two friends],…

Read More Failed Manhattan Building Jump Attempt Results in Death of NYC Teen Natalie Jimenez
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In Rodriguez v Judge and Community Church of Astoria, 2015 NY Slip Op 07828 [132 AD3d 966] (App. Div. 2nd Dept. Oct. 28, 2015), the court explained and applied the well-known tort doctrine of “respondeat superior”, under which an employer is liable for the torts of its employees. Here are the (briefly-summarized) facts of this personal…

Read More Church Not Liable to Plaintiff for Assault/Battery by Employee’s Husband
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