Comparative Negligence

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From Rodriguez v. City of New York, 2018 NY Slip Op 02287 (April 3, 2018): This appeal requires us to answer a question that has perplexed courts for some time: Whether a plaintiff is entitled to partial summary judgment on the issue of a defendant’s liability, when, as here, defendant has arguably raised an issue of fact…

Read More NY Court of Appeals Holds That a Plaintiff Does Not Bear the Burden of Demonstrating Freedom From Comparative Negligence
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Santa Claus has a difficult job. In addition to needing to violate the laws of physics, there’s always the risk of injury. This could happen in many ways, including Falling off an icy/unsalted roof, Getting stuck in a too-narrow chimney, Being burned by a lit fireplace upon descending down a chimney, Tripping and falling over scattered…

Read More Ho, Ho, Ho…Ouch! Can an Injured Santa Claus (Successfully) Sue?
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In Rodriguez v. City of New York, 2016 NY Slip Op 05943 (App. Div. 1st Dept. Sept. 1, 2016), the court held that a plaintiff moving for summary judgment on liability must demonstrate, as a matter of law, that s/he is free from comparative fault. From the decision: In this case, we are revisiting a vexing…

Read More First Department: Personal Injury Plaintiff Must Show Freedom From Comparative Fault in Order to Win Summary Judgment on Liability
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In Oluwatayo v. Dulinayan, 2016 NY Slip Op 05455 (App. Div. 1st Dept. July 7, 2016), the court clarified the distinction – in the context of a rear-end car accident case – between (i) plaintiff’s freedom of culpability and (ii) defendants’ alleged negligence. Here, plaintiff was entitled to summary judgment as to (i), but not as…

Read More “Innocent” Rear-Ended Plaintiff Entitled to Summary Judgment as to His Lack of Culpable Conduct, But Not With Respect to Defendants’ Negligence
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In Quintavalle v. Perez, 2016 NY Slip Op 03126 (App. Div. 1st Dept. April 26, 2016) (a car accident/pedestrian knockdown case) the court held that a pedestrian struck from behind was, as a matter of law, not comparatively negligent (for failing to notice an avoid a vehicle that struck him from behind) and entitled to summary judgment…

Read More Hit-From-Behind Pedestrian Entitled to Summary Judgment in Car Accident Case
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The tragic story of the death of 15-year-old Natalia Jimenez is making the rounds. The New York Times reports, for example, that Ms. Jimenez died on Friday (1/15/16) afternoon after she tried to jump from one rooftop to another in Manhattan’s Hell’s Kitchen neighborhood. The Times article continues: A neighbor chastised [Natalia and her two friends],…

Read More Failed Manhattan Building Jump Attempt Results in Death of NYC Teen Natalie Jimenez
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