In a recent lawsuit, captioned Stagner v. Trader Joe’s, Index # 161608/2015 (N.Y. Sup. Ct. filed Nov. 11, 2015), plaintiff Diana Clair Stagner (and her husband Jerry Lanning) allege that she was injured when, while at the checkout counter with goods at an Upper West Side Trader Joe’s, “[an employee or agent of] Defendant Earlybird…
Read More Personal Injury Lawsuit Against Trader Joe’sIn Fauntleroy v. EMM Group Holdings LLC, the First Department held that plaintiff presented enough evidence to overcome summary judgment on his claims for personal injuries arising from a fight with a security guard hired by one of the defendants. The appellate court unanimously reversed the lower court’s order granting summary judgment to defendants, explaining: Defendants’…
Read More Lawsuit Brought By Plaintiff Punched in Face by Nightclub Security Guard ContinuesTeaching is hard work. In addition to the typical stresses of any job – rude co-workers, overbearing bosses, long hours – teachers are forced to deal with unique challenges, such as physical violence in the classroom. This has been in the news lately; the search results from a Google query for “student attack teacher” are disheartening, to…
Read More Absence of “Special Duty” Results in Dismissal of Injured Teacher’s LawsuitIn Ashton v. EQR Riverside A, LLC, 2015 NY Slip Op 07916 (Oct. 29, 2015), the court affirmed the dismissal of plaintiff’s trip-and-fall case. This case, like many premises liability cases, turned on the critical issue of “notice”. From the decision: It was undisputed that defendants did not have actual or constructive notice of the height differential…
Read More Trip/Fall Case Properly Dismissed; Expert’s Conclusion Was “Speculative”In Sikora v Earth Leasing Prop. Ltd. Liab. Co., 2015 NY Slip Op 07918 (App. Div. 1st Dept. Oct. 29, 2015) – a personal injury ice slip/fall case – the Appellate Division, First Department affirmed a lower court decision denying defendant’s motion for summary judgment. The court explained: Defendant failed to establish entitlement to judgment as a matter of law…
Read More Plaintiff Survives Summary Judgment in Ice Slip/Fall Personal Injury CaseIn Velasquez v. MTA Bus Co., 2015 NY Slip Op 07536 (App. Div. 1st Dept. Oct. 15, 2015), the court unanimously affirmed Supreme Court Judge Arlene Bluth’s Order granting plaintiff – an injured bicyclist – summary judgment on the issue of liability. In reaching its decision, the court cited to Vehicle and Traffic Law §§ 1122[a] and 1128.…
Read More Plaintiff Bicyclist Entitled to Summary Judgment in Bus Accident Personal Injury CaseIn Tansey v. Coscia, 2015 NY Slip Op 31778(U) (Sup. Ct. Suffolk Cty., Sept. 21, 2015), the court denied the defendant bar’s motion for summary judgment on plaintiff’s Dram Shop Act and negligent supervision claims. In this personal injury case, the plaintiff alleged that he was assaulted by another patron, defendant Nicholas Coscia, while inside defendant’s…
Read More Dram Shop Act Claim, Arising From Bar Patron Assault, Survives Summary JudgmentIn Garnett v. Strike Holdings LLC, 2015 NY Slip Op 06694 (App. Div. 1st Dept. Sept. 1, 2015), plaintiff was injured while riding in a two-seat go-kart; “[w]hile driving on the track, they were allegedly bumped twice by other go-karts, allegedly causing injuries to plaintiff, including ‘Reflex Sympathetic Dystrophy.’” Defendant moved for summary judgment, on the ground…
Read More Injured Go-Kart Rider Assumed Risk of Being Bumped; Negligence Case DismissedGenerally, by bringing a personal injury lawsuit a plaintiff waives the physician-patient privilege, but only with respect to medical records relevant to the injuries for which compensation is sought. This point is illustrated by the decision today in Kenneh v. Jey Livery Serv., 2015 NY Slip Op 06993 (App. Div. 1st Dept. Sept. 29, 2015), in which the…
Read More Defendants Not Entitled to Medical Records Relating to Preexisting Diabetic Condition in Car Accident Personal Injury CaseIn Chou v. Ocean Ambulette Serv., Inc., 2015 NY Slip Op 06876 (App. Div. 2nd Dept. 2015), the court held that the plaintiff – a pedestrian who was injured when she was struck by an ambulette – was entitled to summary judgment on the issue of liability. Here are the facts that, in the court’s view,…
Read More Pedestrian Gets Summary Judgment in Car Accident Knockdown Case