Personal Injury

by

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
Share This:
by

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
Share This:
by

Here is the complaint in Terry v. Red Bull North America, Inc., which was filed in New York State Court in Brooklyn on October 24, 2013.  The lawsuit seeks damages arising from the death of Cory Terry, which was allegedly caused by his ingestion of Red Bull. According to the complaint: On or about the evening of…

Read More Red Bull Wrongful Death Lawsuit
Share This:
by

In De Los Santos v. Long Island Railroad, plaintiff sought damages for personal injuries he sustained after he became drunk and attempted to commit suicide by laying down on the tracks in the path of a Long Island Railroad commuter train. In perhaps one of the clearest cases of judicial understatement, the court observed that “[t]ragic…

Read More Court Dismisses Lawsuit Arising From Drunken Man’s Attempted Suicide by Train
Share This:
by

In Rampersaud v. Parmanand, a Queens trial court issued a decision explaining the circumstances under which summary judgment is appropriate in a rear-end collision case. Plaintiff Rampersaud was a passenger in a car driven by Parmanand when it was struck in the rear by a car driven by Cunningham.  Defendant driver Parmanand (and co-defendant owner…

Read More Sudden Stop of Lead Vehicle Creates Issues of Fact in Rear-End Car Accident Case
Share This:
by

In Mulham v. City of New York, the Appellate Division, Second Department, reversed an order dismissing an NYPD Officer’s injury claim under General Municipal Law § 205-e that was predicated on a violation of New York City Health Code (24 RCNY) § 153.19. The facts: The plaintiff, a sergeant in the New York City Police Department,…

Read More Injured NYPD Officer May Continue Suit Based on Violation of Littering Law
Share This:
by

In Strong v. City of New York, the Appellate Division, First Department recently held that sanctions were appropriate in light of the NYPD’s deletion of audio recordings preceding a car accident allegedly initiated by an NYPD driver. Plaintiff and others were injured when an NYPD vehicle “collided with a vehicle operated by defendant Geraldo Falcon,…

Read More Deletion of Radio Transmissions Results in Sanctions in NYPD Car Accident Case
Share This:
by

Does “cleaning” include removing leaves from a gutter?  According to a recent decision, it does not – at least not within the meaning of New York Labor Law § 240(1).  In that case (Hull v. Fieldpoint Community Ass’n, decided Oct. 23, 2013), the Appellate Division, Second Department, affirmed the dismissal of plaintiff’s complaint seeking recovery under Labor Law…

Read More No Labor Law § 240(1) Relief For Plaintiff Injured While Cleaning Out Leaves From Roof Gutters
Share This:
by

In Ramkumar v. Grand Style Transportation Enterprises, Inc., the New York Court of Appeals recently reversed a summary judgment for defendant in plaintiff’s lawsuit seeking recovery for injuries sustained in a car accident. This case addresses the sufficiency of evidence for a plaintiff to claim that s/he suffered a “serious injury” despite their discontinuance of…

Read More Fact Issue Arising From Explanation for Gap in Treatment Precludes Summary Judgment as to “Serious Injury” in Car Accident Case
Share This:
by

A recent appellate decision, Arto v. Cairo Construction (decided Sept. 18, 2013), illustrates the need for clear jury instructions in construction accident cases brought under New York Labor Law § 240(1). There, the Appellate Division, Second Department granted plaintiff a new trial on his Labor Law § 240(1) claim following a jury verdict for defendants. Defendants were…

Read More Ambiguous Jury Instruction Requires New Trial in Injured Roofer’s Labor Law § 240(1) Case
Share This: