Case law establishes that drivers have a duty “to see that which, through the proper use of senses, should have been seen”. In Sarac-Marshall v. Mikalopas (App. Div. 1st Dept. Feb. 26, 2015), a personal injury bicycle accident case, the court applied this principle and unanimously affirmed the plaintiff-bicyclist’s motion for summary judgment on the issue of…
Read More Bicyclist Hit By Car Entitled to Summary Judgment on LiabilityIn Clark v. Allen & Overy, LLP, 2015 NY Slip Op 01398, 125 AD3d 497 (App. Div. 1st Dept. Feb. 17, 2015), the Appellate Division, First Department affirmed the lower court’s order granting defendant law firm’s motion to compel plaintiff to submit to a mental examination. (I wrote about a development in this case here.) The…
Read More Discrimination Plaintiff Seeking Emotional Distress Damages Must Submit to Mental Examination, First Dept. HoldsIn Pion v. New York City Hous. Auth. (App. Div. 1st Dept. Feb. 10, 2015), the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment dismissing plaintiff’s complaint. In this personal injury premises liability lawsuit, plaintiff alleged that he was injured when he tripped and fell down a staircase in defendant’s building.…
Read More “Trap” Stairway Trip-Fall Case ContinuesIn Rebollo v. Nicholas Cab Corp. (App. Div. 1st Dept. Feb. 5, 2015), the Appellate Division, First Department reversed the lower court’s order granting defendants’ motion to “appear for a further independent medical examination (IME) by a physician designated by defendants.” In holding that a further medical exam was not warranted, the court reasoned: Plaintiff…
Read More Defendants Prohibited From Conducting Further “Independent” Medical Exam (IME) of PlaintiffIn Rajkumar v. Budd Contracting Co. (App. Div. 1st Dept. 2/5/15), the Appellate Division, First Department unanimously revered the lower court’s order granting summary judgment to defendant. From the decision: Plaintiff, an employee of a framing contractor, commenced this action alleging that he slipped and was injured while carrying a framed mirror when his foot…
Read More Construction Paper Trip-Fall Case ContinuesConstruction sites can be dangerous – not only for workers, but also for pedestrians. In Porteous v J-Tek Group, Inc. et al., a personal injury case, plaintiff sued to recover “damages for injuries he sustained when a falling piece of wood struck him in the head as he was walking on the sidewalk in front of…
Read More Plaintiff Struck by Falling Wood May Continue Personal Injury Case Against Building Owner and Independent ContractorIn Negroni v. Langsam Prop. Servs. Corp. (App. Div. 1st Dept. Jan. 29, 2015), the court affirmed the denial of defendants’ motion for summary judgment dismissing plaintiff’s complaint. In this personal injury (premises liability) case, plaintiff alleged that she was injured when the kitchen ceiling in her apartment collapsed. Defendants were not entitled to summary…
Read More Ceiling Collapse Personal Injury Premises Liability Case ContinuesIn Williamson v Ogden Cap Props., LLC, decided January 27, 2015, the Appellate Division, First Department affirmed the denial of defendant’s summary judgment motion, permitting plaintiff’s claims to continue. From the decision: Defendants failed to make a prima facie showing that they lacked constructive notice of the alleged defective mailbox panel, because it is undisputed…
Read More Failure to Inspect Alleged Defective Mailbox Panel Results in Continuation of Postal Worker’s Personal Injury CaseIn Coley v. NYC Housing Authority (decided January 20, 2015) – an ice slip-and-fall case – the Appellate Division, First Department affirmed the denial of defendant’s motion for summary judgment. It reasoned: Defendant failed to establish its entitlement to judgment as a matter of law in this action where plaintiff was injured when she slipped…
Read More Issues of Fact in Ice Slip/Fall Case Result in Proper Denial of Summary Judgment to DefendantFrom Mamadou S. v. Feliciano, decided December 23, 2014 by the Appellate Division, First Department: Plaintiff, at the time an eighth grade student, was injured when he darted or was pushed into the street and was hit by a car while playing tag in front of his school. Although the driver of the car was…
Read More Eighth Grade Student Hit By Car May Continue Lawsuit