Personal Injury

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In Steele v. Santana (App Div. 1st Dept. 2/19/15), a personal injury injury car accident case, the Appellate Division, First Department reversed the lower court’s determination that plaintiff did not suffer a “serious injury” within the meaning of section 5102(d) of the New York Insurance Law. In this case, plaintiff alleges that she suffered injuries to…

Read More Evidence of Tendon and Rotator Cuff Tears Present Triable Issue of Fact Relating to “Serious Injury” in Car Accident Case
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The combination of large groups of people, alcohol, and other factors may result in a dispute that escalates into violence. This is possible in, among other places, New York bars and clubs. These establishments frequently employ security personnel and/or bouncers to keep the peace. However, what happens when one is injured by one of these…

Read More Bouncer Battery: Patrons’ Rights
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Case law establishes that drivers have a duty “to see that which, through the proper use of senses, should have been seen”. In Sarac-Marshall v. Mikalopas (App. Div. 1st Dept. Feb. 26, 2015), a personal injury bicycle accident case, the court applied this principle and unanimously affirmed the plaintiff-bicyclist’s motion for summary judgment on the issue of…

Read More Bicyclist Hit By Car Entitled to Summary Judgment on Liability
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In Pion v. New York City Hous. Auth. (App. Div. 1st Dept. Feb. 10, 2015), the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s complaint. In this personal injury premises liability lawsuit, plaintiff alleged that he was injured when he tripped and fell down a staircase in defendant’s building.…

Read More “Trap” Stairway Trip-Fall Case Continues
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In Rebollo v. Nicholas Cab Corp. (App. Div. 1st Dept. Feb. 5, 2015), the Appellate Division, First Department reversed the lower court’s order granting defendants’ motion to “appear for a further independent medical examination (IME) by a physician designated by defendants.” In holding that a further medical exam was not warranted, the court reasoned: Plaintiff…

Read More Defendants Prohibited From Conducting Further “Independent” Medical Exam (IME) of Plaintiff
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In Rajkumar v. Budd Contracting Co. (App. Div. 1st Dept. 2/5/15), the Appellate Division, First Department unanimously revered the lower court’s order granting summary judgment to defendant. From the decision: Plaintiff, an employee of a framing contractor, commenced this action alleging that he slipped and was injured while carrying a framed mirror when his foot…

Read More Construction Paper Trip-Fall Case Continues
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Construction sites can be dangerous – not only for workers, but also for pedestrians. In Porteous v J-Tek Group, Inc. et al., a personal injury case, plaintiff sued to recover “damages for injuries he sustained when a falling piece of wood struck him in the head as he was walking on the sidewalk in front of…

Read More Plaintiff Struck by Falling Wood May Continue Personal Injury Case Against Building Owner and Independent Contractor
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In Negroni v. Langsam Prop. Servs. Corp. (App. Div. 1st Dept. Jan. 29, 2015), the court affirmed the denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint. In this personal injury (premises liability) case, plaintiff alleged that she was injured when the kitchen ceiling in her apartment collapsed. Defendants were not entitled to summary…

Read More Ceiling Collapse Personal Injury Premises Liability Case Continues
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In Fisher v. Kasten, decided January 21, 2015, the Appellate Division, Second Department dismissed plaintiff’s slip-and-fall case on the basis of the so-called “storm-in-progress” rule. Plaintiff alleges that in February 2011, he was “injured after slipping and falling on an icy condition on the landing of an exterior stairway of the apartment building in which…

Read More Court Applies “Storm in Progress” Rule to Dismiss Slip-and-Fall Case
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