Among the many different ways to get injured (particularly in a place like New York City) is to be hit by a falling object. Such objects can include, for example: construction site equipment, a tree or tree branch, a giant restaurant mirror, an air conditioner, rocks, or a piece of decorative terra-cotta windowsill (as in the…
Read More Injuries Resulting From Falling ObjectsIn Stubbs v. 350 E. Fordham Rd., LLC, decided May 29, 2014, the Appellate Division, First Department reinstated plaintiff’s common-law negligence claim. Plaintiff “was standing on the sidewalk in front of the two-story building located at 350 East Fordham Road when part of the stucco siding on the building fell off the facade and struck her.”…
Read More Falling Stucco Personal Injury Case ContinuesIn Tria v. Regis High School (decided April 14, 2014), the court granted plaintiff’s motion for summary judgment on his Labor § 240(1) claim, but denied it with respect to plaintiff’s Labor Law § 241(6) claim. Plaintiff was injured when, while unloading a tractor trailer of press board panels and stacking them on an A frame dolly, the…
Read More Court Considers Weight and Force Generated By Falling Object in Granting Injured Worker Summary Judgment on Labor Law 240(1) ClaimIn a June 7, 2012 decision in Arsenault v. New York State, the Appellate Division, Third Department dismissed plaintiffs’ claims (and reversed an earlier decision, which I wrote about here) arising from plaintiff’s decedent being struck and killed by falling rocks while hiking in a state park. The Court of Claims had denied summary judgment…
Read More State Not Liable for Hiker DeathLast week I returned from a family trip to (and, more specifically, to the bottom of) the Grand Canyon. During my various treks throughout the canyon labyrinth, I conjured up numerous disaster scenarios. Naturally, my thoughts – as they often do – drifted to litigation. If I were injured, who would I sue? Under what…
Read More Court Allows Rockslide Death Suit to Continue