Personal Injury

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In Trezza v. Metropolitan Transportation Authority, the Appellate Division, First Department recently affirmed and modified a decision by the Supreme Court, Bronx County relating to the damages phase of a car accident case. The trial court entered a judgment on a jury’s verdict awarding plaintiff damages in the amounts of $500,000 for past pain and…

Read More First Department Finds “Serious Injury” Based on Shoulder and Spine Injuries, and Conditionally Modifies Damages in Car Accident Case to $300,000 for Past Pain & Suffering
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In DaSilva v. New York City Transit Authority, the Appellate Division, First Department denied defendant’s motion for summary judgment.  In this trip-and-fall case: Plaintiff allegedly tripped and fell on a step on stairway P4A which accesses a platform in the Rockefeller Center, IND division subway station. It appears that metal treads installed on the horizontal…

Read More Trip/Fall on Subway Steps Survives Summary Judgment
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A recent Eastern District of New York decision, Berroyer v. U.S., illustrates that paying taxes can be literally painful. Plaintiff and his wife sued the United States of America under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), seeking recovery for injuries sustained during a meeting with an IRS auditor. Plaintiff was injured when “his foot became caught…

Read More Fall in IRS Office Results in $712,000 Award
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In Addonisio v. City of New York, the Appellate Division, First Department modified the trial court’s ruling and vacated the dismissal of plaintiff’s Labor Law § 241(6) claim against the City of New York and his Labor Law § 200 and common-law negligence claims against Con Ed.  It affirmed, however, the dismissal of plaintiff’s Labor Law §…

Read More Electrocuted Worker Can Continue Suit Against the City of New York and Con Edison
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In Bellini v Gypsy Magic Enters., Inc., the Appellate Division, Second Department held that plaintiff’s complaint should have been dismissed.  Plaintiff alleged that she sustained injuries after she tripped and fell over a wheel stop located in a parking lot of a strip mall in Wantagh. “While a landowner has a duty to maintain its premises in…

Read More Since Wheel Stop Was “Open and Obvious”, Trip and Fall Complaint Should Have Been Dismissed
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In Dominguez v. 2520 BQE Assoc., LLC, the Appellate Division, First Department recently affirmed the denial of defendant Time Warner Cable’s (TWC) motion for summary judgment. First, the facts: Plaintiff was injured when he slipped and fell on a sheet of ice at the top landing of a four-to-five step staircase as he exited a…

Read More Ice Slip/Fall Case Continues
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In Nelson v. Tamara Taxi, the Appellate Division, First Department reversed a summary judgment dismissing plaintiff’s complaint on the ground that he did not establish a “serious injury” under the Insurance Law. In this car accident case, plaintiff alleged that he sustained serious injuries when the front of his vehicle was struck by a taxi.…

Read More Evidence of Injuries to Spine, Shoulder, and Knee Sufficient to Defeat Summary Judgment as to “Serious Injury” in Car Accident Case
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In Gervais v. Laino, plaintiff sought to recover for injuries inflicted by defendant’s dog.  The court held that plaintiff’s complaint should have been dismissed. Plaintiff stated that while walking in Central Park, she saw the dog, whose hind paw was caught in a fence and who was wailing in pain.  The parties apparently disputed whether…

Read More The Case of the Ungrateful Dog
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