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 LawsuitIn 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 TrainIn 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 CaseIn 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 LawIn 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 CaseDoes “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 GuttersIn 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 CaseA 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) CaseIn Brandt v. Zahner, decided Oct. 9, 2013, the Appellate Division, Second Department reversed summary judgment for defendant driver, thereby reinstating plaintiff pedestrian’s claims. Plaintiff claimed he was ” injured when, after crossing the westbound lane of I.U. Willets Road in Nassau County, he was struck by a vehicle driven by the defendant in the eastbound…
Read More Plaintiff Pedestrian’s Lawsuit Continues; Defendant Driver Did Not See Plaintiff Prior to ContactWinter is coming, along with winter-related hazards. Among them is so-called “black ice“. In a recent slip/fall case, Rodriguez v. Bronx Zoo Restaurant (decided Oct. 1), the Appellate Division, First Department reversed the trial court’s grant of summary judgment to defendants. Plaintiff alleged that she slipped on a patch of black ice on a “dirty or…
Read More Ice Slip/Fall Case Continues in Light of Fact Issues as to Constructive Notice