Personal Injury

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A recent Second Department decision, Bergin v. Golshani, is instructive on the issue of when summary judgment is properly awarded to a defendant in a slip-and-fall case. Here is the law: A defendant landowner moving for summary judgment in a slip-and-fall case has the initial burden of establishing that it did not create the alleged…

Read More Lack of Inspection Evidence Properly Results in Denial of Summary Judgment for Defendants in Personal Injury Slip-and-Fall Case
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School bullying is unquestionably a serious issue. Whether it’s “traditional” physical bullying or so-called “cyberbullying”, such conduct can have negative effects on the victims for years after the fact. Bullying also presents legal issues, namely, whether and to what extent the school will be liable when a bullied victim sustains injuries. A recent case, Amandola v.…

Read More Bullied Student Survives Summary Judgment in Personal Injury (Negligent Supervision, Hiring, Retention) Personal Injury Action Against School
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Pepsi and double parking? That sounds familiar. Interestingly, a recent personal injury case, Barry v. Pepsi-Cola Bottling Co., involves both. This case stands for the proposition that illegal double-parking – while perhaps illustrating societal stupidity or even signifying the onset of a dictatorship – is not necessarily the proximate cause of an accident in which the double parker…

Read More Double-Parked, Rear-Ended Pepsi Defendant Wins Dismissal of Car Accident Personal Injury Lawsuit
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In Chaney v. Starbucks Corporation, 2015 WL 3883251 (SDNY June 23, 2015), a trip-and-fall case, the Southern District of New York granted Starbucks’ motion for summary judgment dismissing the case. The facts, from the opinion: On August 9, 2013, plaintiff John Chaney went to a Starbucks café in the Bronx for lunch. Upon entry, he…

Read More Starbucks Granted Dismissal in Phone Charger Trip/Fall Case
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In Levin v. Mercedes-Benz Manhattan, Inc., 2015 NY Slip Op 06025 (App. Div. 1 Dept. July 9, 2015), a personal injury case, the Appellate Division, First Department affirmed a summary judgment for plaintiff under the doctrine of “res ipsa loquitur“. Generally, res ipsa loquitur permits a factfinder to infer negligence based upon the sheer occurrence of…

Read More Res Ipsa Loquitur Applicable; Plaintiff Granted Summary Judgment in Garage Door Fall Personal Injury Case
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In Guzman v. Broadway 922 Enters., LLC, decided July 2, 2015, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment on plaintiff’s snow/ice slip-and-fall case. The court considered, and rejected, defendant’s defense based on the so-called “storm in progress” rule. In addition, it provides an example of one way a…

Read More Snow/Ice Slip-and-Fall Case Continues Based on Testimony that Ice Was “Dark” and “Dirty”
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In Aycardi v. Robinson, 2015 Slip Op 04249 (App. Div. 1st Dept. May 19, 2015), the court addressed the not-uncommon scenario where the plaintiff seeks to hold the employer of an alleged wrongdoer liable under the principle of vicarious liability. In this case, plaintiff pedestrian asserts that she was hit by a car being driven by…

Read More Questions of Fact Regarding Vicarious Liability Preclude Summary Judgment in Car Accident Case
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