Personal Injury

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In Sylvester v. Jimenez, an automobile accident case, Judge Bluth of the New York Supreme Court denied defendant’s motion for summary judgment that plaintiff did not sustain a “serious injury” under Insurance Law 5102(d). This was a two-car accident; plaintiff Sylvester was driving, and plaintiff Turner was a passenger, in one car, and defendant Jimenez…

Read More Failure to Address Asserted Injuries Results in Denial of Summary Judgment of no “Serious Injury” in Car Accident Case
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Bajada v. Spector, 2014 NY Slip Op 05143 (App. Div. 2nd Dept. July 9, 2014): The defendant established his prima facie entitlement to judgment as a matter of law on the issue of liability by demonstrating that the infant’s negligent operation of his bicycle in failing to yield the right-of-way was the sole proximate cause…

Read More Bicyclist’s Failure to Yield Right of Way Results in Summary Judgment for Defendant Driver
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Here is the complaint recently filed in the New York Supreme Court, Bronx County, by Ajanaffy Njewadda and her husband against various defendants, including Showtime Networks and the New York City Transit, the Metropolitan Transit Authority. In sum, she claims that she was caused to fall and sustain injuries after being shocked by a stair-spanning advertisement (stairvertisement?),…

Read More Dexter Trip/Fall Lawsuit
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In DeSimone v. City of New York, decided July 3, 2014, the First Department held: Plaintiff’s Labor Law § 241(6) claim was improperly dismissed on the ground that plaintiff was not covered under the statute. Plaintiff testified that he was an onsite project manager, employed by one of multiple general contractors on the subject construction…

Read More Project Manager Covered By Labor Law 241(6) in Construction Accident Case, Even Though He Did Not Perform “Labor-Intense” Work
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In Brownrigg v. New York City Hous. Auth. (decided July 2, 2014) – a construction/elevator-accident case – the Appellate Division, Second Department denied defendants’ CPLR 4404 motion, and upheld the jury’s verdict that defendants were liable under New York Labor Law §§ 200 and 241(6).  In this case, plaintiff and his coworker, both elevator mechanics, were repairing one…

Read More Court Upholds Jury Verdict for Plaintiff in Elevator Accident Case
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In Arrin C. v. New York City Department of Education (decided June 10, 2014) the Appellate Division, First Department affirmed the trial court’s conditional reduction of a multi-million dollar jury award. Plaintiff, an autistic 11-year old student, sustained injuries to his mouth – including one of his teeth being knocked out and another being knocked into his…

Read More $4.6 Million Pain & Suffering Jury Verdict Reduced to $250,000 in School Injury Case
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In Dominicci v. Ford, a rear-end motor vehicle accident case decided July 3, 2014, the Fourth Department affirmed the denial of State Farm Automobile Insurance Company’s motion to quash plaintiff’s subpoena for documents. State Farm retained a physician to conduct an “independent medical examination”, or “IME”, of the plaintiff on behalf of defendant. Plaintiff then…

Read More Car Accident Plaintiff Entitled to Documents to Show Bias, Motive, or Interest of Insurance Company-Retained Examining Physician, Fourth Department Holds
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Today is July 4, 2014, the 238th anniversary of the Continental Congress’ adoption of the Declaration of Independence, our break-up letter to our abusive partner Great Britain. No euphemisms here: it couldn’t seriously be said “it’s not you, it’s us”; it was most certainly them. King George, it seems, wasn’t a terribly nice guy. Dear…

Read More When, in the Course of Human Events…
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In Reis v. Volvo Cars of N. Am., decided July 1, 2014, the Court of Appeals held that the trial court erroneously charged the jury in a design defect case, requiring reversal and a new trial. Here are the facts of this product liability case: On May 24, 2002, plaintiff’s friend, Americo Silva, was showing plaintiff…

Read More Inappropriate Jury Charge in Product Liability Case Results in Tossing of $10 Million Jury Verdict
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The law requires municipalities, such as New York City, to maintain their streets and highways in a reasonably safe condition for people who use them. However, anyone seeking to recover for personal injuries arising from a defective condition on a New York City “street, highway, bridge, wharf, culvert, sidewalk or crosswalk” must – in addition…

Read More New York City’s “Prior Written Notice” Requirement
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