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If you’re like me, the thought of (non-online) shopping on Black Friday – the day after Thanksgiving (i.e, not that one, or that one, or that one) – or Thanksgiving Day itself (really?!?) ranks somewhere on the “fun” scale between a colonoscopy and being trapped on an elevator in a burning building with [insert annoying…
Read More Happy Thanksgiving! Don’t Get Trampled
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Winter is coming. For New Yorkers who commute on NYC subways, that means increased chances of slipping and falling on snow and ice. However, slips and falls on snow and ice don’t always give rise to liability. One example of a failed snow/ice case is Clement v. The New York City Transit Authority, decided November 13,…
Read More “Storm in Progress” Defense Kills Slip-and-Fall Lawsuit
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In Ingleton v. Brooks Shopping Centers, the Appellate Division, First Department affirmed the denial of summary judgment to defendant ECI Contracting. The court held: ECI’s motion was properly denied in this action where plaintiff Norma Ingleton alleges that she was injured after falling on a staircase constructed by ECI. Although a contractual obligation does not…
Read More Contractor May Be Liable in Staircase Fall
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In Gibbs v. Albee Tomato Co., Inc., a slip-and-fall case, the Appellate Division, First Department explained why the Supreme Court, Bronx County, properly denied defendants’ motion for summary judgment dismissing plaintiff’s complaint: Defendants did not establish their entitlement to judgment as a matter of law in this action where plaintiff was allegedly injured when he…
Read More Tomato Water Slip-and-Fall Case Continues
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In Rodriguez v. Woods (a snow/ice slip-and-fall case) the Appellate Division, First Department reversed summary judgment for defendant City of New York. Plaintiff sued to recover for injuries sustained when she fell on an icy sidewalk. The main dispute in this case was “whether plaintiff raised an issue of fact as to whether the ice on…
Read More Injured Plaintiff Presents Sufficient Facts to Overcome Summary Judgment in Snow/Ice Slip-and-Fall Personal Injury Case
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In Williams v. New York City Tr. Auth. (decided 10/8/14), the Appellate Division, Second Department affirmed a judgement entered on a jury award of $480,000 (reached by applying the jury’s determination that defendant was 80% at fault in the happening of the accident to its assessment of $600,000 in damages sustained by plaintiff). Here are the…
Read More Court Affirms $480,000 Jury Award to Trip-and-Fall Plaintiff
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In Elhorin v. Western Beef, Inc., the court denied defendants’ summary judgment motion seeking dismissal of plaintiff’s personal injury slip-and-fall lawsuit. Plaintiff alleged that he sustained injuries when he slipped and fell on a piece of cardboard on the floor of defendant’s supermarket. As is common in these cases, defendant argued that it did not…
Read More Slip/Fall Case Continues, Based on Statement by Store Manager Regarding Notice of Condition
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In Panagos v. Brooklyn Botanic Garden Corp. (decided Sept. 2, 2014), a trip-and-fall case, the Supreme Court, Queens County denied defendant’s motion for summary judgment dismissing plaintiff’s complaint. In this personal injury case, plaintiff (a 73 year-old woman) sued after sustaining injuries after tripping and falling on a series of three steps near the Cherry Esplanade and…
Read More “Optically Confusing” Steps Create Issue of Fact in Trip-and-Fall Case
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In Ortiz v. New York City Housing Authority, decided Sept. 11, 2014, the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. In this personal injury slip/trip-and-fall case, plaintiff sued after she was injured after falling on ice on the sidewalk adjacent to defendant’s residential building. In finding that the trial…
Read More Plaintiff Overcomes Summary Judgment in Ice Trip/Fall Case
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As explained by the Second Department in Cipriano v. City of New York, In a slip and fall case, a defendant may establish its prima facie entitlement to judgment as a matter of law by submitting evidence that the plaintiff cannot identify the cause of his or her fall. If a plaintiff is unable to…
Read More Second Department Clarifies That a Slip/Fall Plaintiff Need Not Have Personal Knowledge of Cause of Fall