Personal Injury

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In a recent decision, Grevelding v. State of New York (No. 2013-018-439, Claim No. 109855), the Court of Claims – the court having exclusive jurisdiction over lawsuits against the State of New York – assessed damages arising from the tragic automobile-related death of Jason Rhoades. Mr. Rhoades died when his car “vaulted” off a bridge…

Read More Court Explains $14 Million Award in Auto Accident Wrongful Death Case, Including Damages for “Pre-Impact Terror”
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In Morales v. New York City Housing Authority, plaintiff sued to recover for injuries he sustained after he slipped on a liquid or slippery substance (possibly urine) and fell down the stairs in a building owned and operated by defendants. The court (New York Supreme Court, Kings County) denied defendants’ motion for summary judgment. Initially,…

Read More Slip/Fall Case Proceeds Due to Defendants’ Failure to Demonstrate Sufficient Cleaning and Inspection
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In Huertas v. UPS, plaintiff (a TJ Maxx employee) sued United Parcel Service (UPS) for injuries sustained when she tripped and fell over stacked boxes left by UPS. The court awarded summary judgment to defendant and dismissed plaintiff’s complaint. Plaintiff testified: I said to the UPS guy, please put the boxes on the counter. We don’t…

Read More Claims Arising From Trip on UPS Packages Not Prempted; UPS Not Liable Due to Absence of Duty
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In Barreto v. Metropolitan Transportation Authority, the Appellate Division, First Department (Judges Tom, Friedman, Freedman, Feinman) court affirmed the dismissal of plaintiff’s claims under Labor Law §§ 200, 240(1) and 241(6), holding that plaintiff was the sole proximate cause of the injury-causing accident. Plaintiff was injured when he fell into an uncovered manhole while performing…

Read More Failure to Use “Perfect Safety Device” Dooms Plaintiff’s Labor Law § 240(1) Claim
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A recent decision, Maillard v. New York City Transit Authority, illustrates how liability is assessed (in the First Department, which encompasses Manhattan and the Bronx) in a rear-end collision. This car accident case involved four cars, which impacted one another.  The lead driver, Donalds, was struck from behind by Husband, who was struck from behind by…

Read More Sudden Stop of Lead Vehicle Did Not Rebut Presumption of Negligence of Following Vehicle in Rear-End Collision
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In Mutadir v. 80-90 Maiden Lane Del LLC, a construction accident case, the Appellate Division, First Department modified a lower court order and reinstated plaintiff’s Labor Law § 240(1) claim, but affirmed the dismissal of plaintiff’s Labor Law § 241(6), common-law negligence, and Labor Law § 200 claims. The accident: Plaintiff, a carpenter employed by…

Read More Carpenter Injured After Falling From Milk Crates May Continue Claims Under Labor Law § 240(1); Labor Law §§ 200 and 241(6) Claims Dismissed
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In Angeles v. American United Transp., Inc., a car accident case, the Appellate Division, First Department, affirmed the trial court’s (Supreme Court, Bronx County) denial of defendants’ motion for summary judgment on the “serious injury” threshold issue. The “serious injury” threshold frequently arises in automobile accident cases. Section 5104(a) of the New York Insurance Law…

Read More “Serious Injury” Found Based on Cervical and Lumbar Spine injuries
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In Hassan v. Barnes & Noble and Starbucks, plaintiffs sought to recover damages for personal injuries suffered from spilling hot tea in a Barnes & Noble. They alleged that Barnes & Noble was negligent by serving tea in a cup with an unsecured lid, and in allowing the use of an “uneven” and “wobbly” table…

Read More Personal Injury Case Arising From Hot Tea and Wobbly Table Dismissed Against Starbucks; Continues Against Barnes & Noble
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In Brumberg v. Cipriani USA, the Appellate Division, Third Department reversed a summary judgment for defendants.  In this personal injury case, plaintiff (a Cornell University professor) sued after allegedly consuming a 1.5 inch shard of wood at a Cornell University fundraiser catered by Cipriani. Initially, the court found that plaintiff presented sufficient evidence that she consumed…

Read More Cornell University Professor’s Personal Injury Case Arising From Consumption of Wood Shard Continues
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In Naheem v. Y. Ron Taxi, a three-car accident case, the court awarded summary judgment to the driver and owner of the lead car, which was struck from behind. To simplify the facts, the accident allegedly proceeded as follows, with Car 1 striking Car 2 and propelling it into Car 3: CAR 1 (Rasheed) —–>…

Read More Court Awards Summary Judgment to Rear-Ended Car in Three-Car Accident
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