Slip/Trip and Fall

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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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Recently, in Ciaravino v. City of New York (a trip-and-fall case), the Appellate Division, First Department reversed summary judgment for defendant and granted plaintiff’s motion for summary judgment. Plaintiff alleged that she was injured when she tripped and fell after she stepped into a depression in the street near a subway exit in Union Square Park.…

Read More Trip/Fall Suit Continues, Despite Incorrect Identification in Notice of Claim of Location of Accident
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Winter 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
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Those Romanians – always causing trouble.  First Dracula, now this. (That said, the Romanian I’m married to happens to be perfect.) A New York trial court recently held, in Weason v. Permanent Mission of Romania to the UN and Romania, that defendants were not immune under the Foreign Sovereign Immunities Act for injuries allegedly sustained…

Read More Romania Not Immune in Slip/Fall Case
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In Bock v. LouMarita Realty Corp., 2013 NY Slip Op 51396(U) (decided August 26, 2013), a slip-and-fall case, the trial court granted defendants’ summary judgment motion. Plaintiff alleged that he fell on the sidewalk outside defendant Pasticceria Bruno’s bakery in Greenwich Village after stepping on “an extremely slippery piece of rock or concrete off a very…

Read More Slippery When Wet: Court Dismisses Sidewalk Slip/Fall Case
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In Shane v. Supervova New York Realty LLC (NY Sup. July 8, 2013), a stairway trip-and-fall case, the court denied defendant’s motion for summary judgment, finding triable issues of fact as to whether an outside stairway defect was “trivial”. Plaintiff, a guest at a NYC Sheraton Hotel, tripped on the stairs ascending to the landing leading…

Read More Court Finds Issues of Fact as to Whether 0.5-Inch Defect Was a “Trap” or Snare” and Hence Not “Trivial”
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In Gautier v. 941 Intervale Realty LLC, 2013 NY Slip Op 05432, 108 AD3d 481 (July 23, 2013), a stairway slip-and-fall case, the court affirmed the denial of summary judgment to defendant. Defendant moved for summary judgment on the ground that it neither created nor had actual or constructive notice of the hazard.  In support, it cited…

Read More Summary Judgment Properly Denied to Defendant in Slip/Fall Case; No Evidence That Janitorial Schedule Was Followed on Day of Incident
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Yesterday the Appellate Division, First Department found, in Grinberg v. C & L Contracting Corp, that awards of $75,000 and $35,000 for past and future pain and suffering, respectively, were “inadequate” to compensate the plaintiff for injuries sustained in a fall.  It therefore remanded for a new trial on damages unless defendant stipulated to an increase…

Read More Damages Increased From $110,000 to $950,000 in Slip/Fall Case
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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…

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

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