Personal Injury Archives - Page 22 of 56

July 24, 2015 by mjpospis

Bullied Student Survives Summary Judgment in Personal Injury (Negligent Supervision, Hiring, Retention) Personal Injury Action Against School

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.…

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July 23, 2015 by mjpospis

Movie Theater Assault Case Continues

In Solomon v. National Amusements, Inc., 128 AD3d 947 (App. Div. 2nd Dept. May 20, 2015) – a personal injury case arising from an assault on plaintiffs by fellow movie patrons – the court affirmed the denial of the movie theater owner’s motion for summary judgment. Here’s the law: A property owner must act in…

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July 22, 2015 by mjpospis

Double-Parked, Rear-Ended Pepsi Defendant Wins Dismissal of Car Accident Personal Injury Lawsuit

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…

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July 16, 2015 by mjpospis

Middle School Gym Obstacle Course Injury Case Dismissed

In Luis S. v. City of New York, 2015 NY Slip Op 06022 (1st Dept. July 9, 2015), the plaintiff broke his knee after attempting to clear a hurdle which was part of a middle gym class obstacle course. The Appellate Division, First Department reversed a denial of summary judgment to defendants and dismissed the action. The court…

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July 12, 2015 by mjpospis

Starbucks Granted Dismissal in Phone Charger Trip/Fall Case

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…

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July 9, 2015 by mjpospis

Res Ipsa Loquitur Applicable; Plaintiff Granted Summary Judgment in Garage Door Fall Personal Injury Case

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…

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July 6, 2015 by mjpospis

Questions of Fact Preclude Summary Judgment for Plaintiff in Car Accident Case

Car accident cases typically involve questions of fact, such as who had the red/green light, who entered the intersection first, whether a driver was looking at their cell phone at the time of impact, etc. – the list goes on and on. This is why it may be difficult for one party to a car…

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July 5, 2015 by mjpospis

Snow/Ice Slip-and-Fall Case Continues Based on Testimony that Ice Was “Dark” and “Dirty”

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…

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June 25, 2015 by mjpospis

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

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…

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June 19, 2015 by mjpospis

Fire Escape Injury Case Continues

News of the recent tragic death of Kasey Jones, who fell to her death as she tried to use a fire escape to re-enter her apartment, illustrates (perhaps ironically) the potential risks associated with these life-saving, and quintessentially New York City, building appendages. A case recently decided by the Appellate Division, First Department, Lombardi v. Partnership…

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