In a lawsuit captioned Mercado v. Dr. Gabriela Ana Olaru (N.Y. Sup. Ct. Index No. 160167/2013), plaintiff Jennifer E. Mercado alleges that her employer discriminated against her because of pregnancy-related work absences and lateness. From the complaint: Ms. Mercado found out that she was pregnant in or around April of 2011 and informed her employer shortly thereafter.…
Read More Pregnancy Discrimination Lawsuit Against OB-GYNIn Barreto v. Metropolitan Transportation Authority, the Appellate Division, First Department (Judges Tom, Friedman, Freedman, Feinman) court affirmed the dismissal of plaintiff’s claims under Labor Law §§ 200, 240(1) and 241(6), holding that plaintiff was the sole proximate cause of the injury-causing accident. Plaintiff was injured when he fell into an uncovered manhole while performing…
Read More Failure to Use “Perfect Safety Device” Dooms Plaintiff’s Labor Law § 240(1) ClaimA recent decision, Maillard v. New York City Transit Authority, illustrates how liability is assessed (in the First Department, which encompasses Manhattan and the Bronx) in a rear-end collision. This car accident case involved four cars, which impacted one another. The lead driver, Donalds, was struck from behind by Husband, who was struck from behind by…
Read More Sudden Stop of Lead Vehicle Did Not Rebut Presumption of Negligence of Following Vehicle in Rear-End CollisionIn Grant v. County of Erie (Summary Order), the Second Circuit vacated the dismissal, under Federal Rule of Civil Procedure 12(b)(6), of plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). Ordinarily, when reviewing the facial sufficiency of a federal court complaint to determine whether it states a claim, a trial court must accept…
Read More Plaintiff Sufficiently Alleged Disability Discrimination; Allegations Regarding Qualification to Perform Job Were Not ContradictoryOn Friday, the Second Circuit held in Colquitt v. Xerox Corp. (Summary Order) that plaintiff’s employment discrimination claims that were not raised – or “administratively exhausted” – in the U.S. Equal Employment Opportunity Commission (EEOC) were properly dismissed from plaintiff’s lawsuit. In Colquitt, plaintiff alleged that she was subjected to (1) a race-based denial of phone privileges and…
Read More Second Circuit Affirms Dismissal of Employment Discrimination Claims Not Raised in the EEOCIn Mutadir v. 80-90 Maiden Lane Del LLC, a construction accident case, the Appellate Division, First Department modified a lower court order and reinstated plaintiff’s Labor Law § 240(1) claim, but affirmed the dismissal of plaintiff’s Labor Law § 241(6), common-law negligence, and Labor Law § 200 claims. The accident: Plaintiff, a carpenter employed by…
Read More Carpenter Injured After Falling From Milk Crates May Continue Claims Under Labor Law § 240(1); Labor Law §§ 200 and 241(6) Claims DismissedIn Angeles v. American United Transp., Inc., a car accident case, the Appellate Division, First Department, affirmed the trial court’s (Supreme Court, Bronx County) denial of defendants’ motion for summary judgment on the “serious injury” threshold issue. The “serious injury” threshold frequently arises in automobile accident cases. Section 5104(a) of the New York Insurance Law…
Read More “Serious Injury” Found Based on Cervical and Lumbar Spine injuriesOn October 28, 2013, the Southern District of New York issued its opinion in Guzman v. NY Post, holding that plaintiff Sandra Guzman presented sufficient evidence to proceed on her hostile work environment, discriminatory termination, and retaliation claims. The decision was (I am sure happily) covered by the Daily News here. Plaintiff is a black, Hispanic, Puerto Rican…
Read More Hostile Work Environment, Sexual Harassment, and Race/National Origin Claims Continue Against New York Post and Col AllanIn Hassan v. Barnes & Noble and Starbucks, plaintiffs sought to recover damages for personal injuries suffered from spilling hot tea in a Barnes & Noble. They alleged that Barnes & Noble was negligent by serving tea in a cup with an unsecured lid, and in allowing the use of an “uneven” and “wobbly” table…
Read More Personal Injury Case Arising From Hot Tea and Wobbly Table Dismissed Against Starbucks; Continues Against Barnes & NobleI came across this and thought it was interesting, if only because it is believed to be the only time a U.S. Supreme Court Justice said “Happy Halloween” from the bench. During oral argument on October 31, 2005 in the case of Central Virginia Community College v. Katz, 126 S. Ct. 990 (2006), the following exchange took…
Read More Judge Scalia: Halloween Fan