New York City can be a dangerous place. Consider, for example, a recent case in which an expert testified that it was “common knowledge that mattresses left in the public areas of multiple dwellings are often set on fire”. There is a good way to set a bed on fire, and a bad way. This…
Read More Burning Mattress Personal Injury Case ContinuesIf you’re like me, the thought of (non-online) shopping on Black Friday – the day after Thanksgiving (i.e, not that one, or that one, or that one) – or Thanksgiving Day itself (really?!?) ranks somewhere on the “fun” scale between a colonoscopy and being trapped on an elevator in a burning building with [insert annoying…
Read More Happy Thanksgiving! Don’t Get TrampledHere is the lawsuit, recently filed by Georgina Spence, against Insomnia Cookies and its deliveryman Keith Moody. The suit alleges, inter alia: That on November 3, 2014 plaintiff Georgina Spence was violently contacted by defendant’s employee Keith Moody without cause, provocation or justification while in the course of his employment as an employee of defendant Insomnia…
Read More $10M Lawsuit Against Insomnia Cookies for Alleged Attack by DeliverymanIn a “typical” car accident case – i.e., one involving a collision of two cars driven by private operators – the issue is whether one of the drivers (the defendant) was “negligent”. However, as illustrated by the Court of Appeals case of Frezzell v. City of New York (decided 11/20/14) in a case where the defendant…
Read More Court of Appeals Explains the “Privilege” Enjoyed by Emergency Vehicle Drivers in Personal Injury CasesIn James v. Terrace Tavern, LLC, an upstate trial court dismissed plaintiff’s Dram Shop Act and negligence claims against defendant bar. In November 2011, Defendant Robert McKenzie shot plaintiff Donovan James. Prior to the shooting, McKenzie was sitting in defendant’s bar. Plaintiff sued under, inter alia, the Dram Shop Act, codified at General Obligations Law §…
Read More Court Dismisses Dram Shop Act and Negligence Claims in “Bar Shooting” Personal Injury CaseWinter is coming. For New Yorkers who commute on NYC subways, that means increased chances of slipping and falling on snow and ice. However, slips and falls on snow and ice don’t always give rise to liability. One example of a failed snow/ice case is Clement v. The New York City Transit Authority, decided November 13,…
Read More “Storm in Progress” Defense Kills Slip-and-Fall LawsuitWhile many personal injury cases involve various factual issues (particularly relating to the often-contested issue of negligence) that require resolution by the trier of fact, some contain issues that may be resolved as a matter of law. One example is the so-called “pedestrian knockdown” case in which a pedestrian is struck while lawfully crossing the street…
Read More Plaintiff Entitled to Summary Judgment in Pedestrian-Knockdown CaseIn Blanco v. NBC Trust No. 1996A, a construction accident personal injury case, the Appellate Division, First Department held that plaintiff was entitled to partial summary judgment on the issue of liability under Labor Law 240(1) claim. In finding for plaintiff, the court held: Dismissal of the Labor Law § 240(1) claim was improper in this…
Read More Plaintiff Electrician Entitled to Summary Judgment in Ladder Fall CaseIn Ingleton v. Brooks Shopping Centers, the Appellate Division, First Department affirmed the denial of summary judgment to defendant ECI Contracting. The court held: ECI’s motion was properly denied in this action where plaintiff Norma Ingleton alleges that she was injured after falling on a staircase constructed by ECI. Although a contractual obligation does not…
Read More Contractor May Be Liable in Staircase FallAt least now, when I want to avoid going to the gym, I can cite something legal – not necessarily legal “authority”, but a legal document nonetheless – in support. Here is the complaint filed on 11/3/14 by Elizabeth Lapp against her gym, Club 7. Plaintiff alleges, among other things, that she was injured during an instructor-led…
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