Personal Injury Archives - Page 34 of 56

August 13, 2014 by mjpospis

Rear-Ended Plaintiff Not Entitled to Summary Judgment in Car Accident Case

In Amador v. City of New York, decided August 13, 2014, the Appellate Division, Second Department explained: A rear-end collision with a stopped or stopping vehicle establishes a prima facie case of negligence on the part of the operator of the rear vehicle, thereby requiring that operator to rebut the inference of negligence by providing a…

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August 12, 2014 by mjpospis

Court Rules That City is not Liable When Sidewalk Defects Are Caused By Tree Roots

In an Order issued on August 12, 2014 in the matter of Gaifman v. City of New York, Index No. 155965-2014 – a sidewalk trip-and-fall case – the Supreme Court, New York County (Judge Freed) denied plaintiff’s application to file a late notice of claim. According to the supporting memorandum of law in the Gaifman case, plaintiff tripped and…

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August 11, 2014 by mjpospis

New Law Makes NYC Speed Limit 25 MPH

Governor Cuomo recently signed legislation allowing New York City to lower the default speed limit from 30 miles per hour to 25 miles per hour. It will go into effect in three months. The purpose is to reduce the amount of injuries and death arising from motor vehicle accidents, particularly pedestrian knockdowns.

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August 10, 2014 by mjpospis

Ambulance-Hit-Pedestrian Lawsuit Continues; “Emergency Vehicle” Recklessness Standard Inapplicable

In Benn v. New York Presbyt. Hosp., a pedestrian knockdown motor vehicle accident personal injury case decided August 6, 2014, the Appellate Division, Second Department denied defendants’ motion for summary judgment. In this case, a 13 year-old student was struck by a city ambulance while in the middle of a crosswalk after exiting a city…

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August 8, 2014 by mjpospis

Inmate Asthma Death Suit Continues

In Luckey v. City of New York, the Appellate Division, First Department held on August 7, 2014 that the trial court should not have dismissed the plaintiff’s negligence claims against the City of New York. “Plaintiff’s’ decedent was an inmate at Rikers Island who was treated for chronic asthma during the few weeks in which she was…

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July 27, 2014 by mjpospis

What is a “Notice of Claim”?

If you have been injured due to the negligence of a municipal entity (such as the City of New York), you will need to file a document known as a “Notice of Claim” within a fixed deadline after the accident or event in order to protect your rights. Failure to do so may result in dismissal…

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July 26, 2014 by mjpospis

Watering Sidewalk + Marble Floor + No Mats = Continuation of Slip/Fall Case

In DiVetri v. ABM Janitorial Services (decided July 24, 2014) the Appellate Division, First Department affirmed the denial of defendants’ motion for summary judgment. In this personal injury case, plaintiff slipped and fell on water she tracked onto the marble lobby floor of a building she entered. The water came from a hose being used by defendant’s…

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July 23, 2014 by mjpospis

Left Turn Accident Was All Plaintiff’s Fault, Court Finds

In Gomez v. Yussuf, a left-turn car accident case, the court dismissed plaintiff’s case, finding that plaintiff was the sole proximate cause of the accident. It described the accident as follows: Plaintiff was the driver of a car which hit a vehicle owned and operated by defendant at the intersection of Rockaway Boulevard and Beach 56th…

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July 22, 2014 by mjpospis

Screw Lawsuit Against Dylan’s Candy Bar

Here’s the personal injury lawsuit recently filed by Ebrahim Noorani against Dylan’s Candy Bar. Plaintiff asserts that, while he was at defendant’s store in April 2013, he “was seriously injured when he bit into white chocolate which had a screw in it.”

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July 20, 2014 by mjpospis

Failure to Address Asserted Injuries Results in Denial of Summary Judgment of no “Serious Injury” in Car Accident Case

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…

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