Premises Liability Archives - Page 20 of 20

March 25, 2012 by mjpospis

83-Year Old Woman Sues Apple After Walking Into Store’s Glass Facade

Below is the complaint filed by Evelyn Paswall on March 20th against Apple Inc. According to the suit, Ms. Paswall “walked directly into the clear glass doors at [the store] and fractured her nose.” The allegations pertaining to Apple’s alleged negligence are largely set forth in paragraphs 18 and 19. [scribd id=86658094 key=key-f4pibatfj6025bu0d57 mode=list]

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March 20, 2012 by mjpospis

Cornell Bridge Suicide Lawsuit Continues

In a decision issued on March 15, 2012 in Ginsburg v. Cornell University et. al., 11-cv-01374, the court denied defendants’ motion for a judgment on the pleadings, permitting the lawsuit – brought by the father of a Cornell student who killed himself by jumping off the Thurston Avenue Bridge (pictured) near the Cornell campus –…

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March 1, 2012 by mjpospis

Shopping Cart Drop Lawsuit

Below is a copy of the complaint filed last week by the husband and child of Marion Hedges, who was injured on October 30, 2011 when struck by a shopping cart dropped from an elevated walkway of a Harlem shopping center (news regarding the recent sentencing of one of the teens involved in the incident here).…

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February 23, 2012 by mjpospis

Inspection Report Satisfied NYC’s “Pothole Law” Notice Requirement

In Sacco v. City of New York (App. Div. 1 Dept. Feb. 16, 2012), an Appellate Division, First Department panel held that the trial court erred in determining, as a matter of law, that the City was not provided with sufficient notice, per NYC Administrative Code § 7-201(c)(2), of the defective condition upon which plaintiff…

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February 15, 2012 by mjpospis

Court allows JFK traveler’s slip/fall action to continue

A recent decision by a New York trial court – Alicea v. JetBlue Airways Corp. – analyzes issues that commonly arise in a slip-and-fall case where the accident occurs in an area (here, JFK airport) where the rights, duties, and obligations of various parties intersect. These issues include: (1) the duties owed by an out-of-possession…

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July 6, 2011 by mjpospis

Court Allows Rockslide Death Suit to Continue

Last week I returned from a family trip to (and, more specifically, to the bottom of) the Grand Canyon. During my various treks throughout the canyon labyrinth, I conjured up numerous disaster scenarios. Naturally, my thoughts – as they often do – drifted to litigation. If I were injured, who would I sue? Under what…

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April 7, 2011 by mjpospis

Court Denies Summary Judgment to Defendant Restaurant in Slip and Fall Case

In Creagh v. Trata Estiatorio and Watermill 27 Partners, LLC (decided March 14, 2011), the court denied defendant’s motion for summary judgment on the issue of notice of the allegedly hazardous condition (here, water on the floor). Initially, the court summarized the law regarding premises liability, as well as the burdens of the parties on summary judgment…

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