Personal Injury

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In Olenick v. City of N.Y., No. 23466/11, 2017 WL 1743179 (N.Y. Sup. Ct. Kings Cty. May 4, 2017) – a personal injury case by a bicyclist injured when a pedestrian stepped into his path on the Brooklyn Bridge – the court denied the City’s motion for summary judgment and to dismiss plaintiff’s complaint. By its…

Read More Brooklyn Bridge Cyclist Injury Lawsuit Proceeds Against City; Jury to Determine Whether City’s Failure to Conduct Safety Study Contributed to Plaintiff’s Accident
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In Capobianco v. Stop & Shop Supermarket Co. LLC, No. 14 CIV. 6112 (NSR), 2017 WL 1157173 (S.D.N.Y. Mar. 24, 2017), a personal injury slip-and-fall action, the court denied defendant’s motion for summary judgment. In sum, plaintiff testified that upon entering the “bottle room” of defendant’s supermarket (i.e., the area where customers tend to their recycling…

Read More Supermarket Slip/Fall Personal Injury Claim Survives Summary Judgment
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In Sawh v. Bally Contracting Corp., No. 16789/10, 2017 WL 902330 (N.Y. App. Div. 2d Dept. Mar. 8, 2017), the court granted plaintiff’s motion under CPLR 4404(a) to set aside a $100,000 jury verdict on the issue of damages for past pain and suffering, which in the court’s view were too low. From the Decision…

Read More $100k Award for Child’s Ankle Fracture Deviated Materially From Reasonable Compensation; New Trial Ordered Unless Defendant Agrees to Pay $300k
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In Scavetta v. Wechsler, 2017 NY Slip Op 01985 (App. Div. 1st Dept. March 16, 2017), the court applied the “vicious propensity” rule to affirm the summary judgment dismissal of a personal injury case arising from a dog escaping from an unsecured bike rack. At the same time, the court “acknowledge[d] plaintiffs’ persuasive argument that…

Read More Court (Reluctantly) Applies “Vicious Propensity” Rule to Dismiss Personal Injury Case Arising From Escaping Dog
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Two superheroes fighting above city skyline Two superheroes fighting above city skyline

In Jeremias v. Lake Forest Estates, No. 2015-08003, 2017 WL 424673 (N.Y. App. Div. 2d Dept. Feb. 1, 2017), a personal injury slip/trip-and-fall case, the court affirmed the lower court’s denial of defendant’s motion for summary judgment. The law, as summarized by the court: A defendant moving for summary judgment in a slip-and-fall case has the…

Read More Testimony About General Cleaning Practices Insufficient to Establish Summary Judgment for Defendant in Slip/Fall Personal Injury Case
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In Bentick v. Gatchalian, 2017 NY Slip Op 01172 (App. Div. 2d Dept. Feb. 15, 2017), an automobile accident case, the court affirmed the lower court’s decision granting plaintiff summary judgment on the issue of liability. Plaintiff and defendant collided “while the plaintiff was in the process of making a left turn from westbound Hillside Avenue…

Read More Auto-Accident Plaintiff Entitled to Summary Judgment; Evidence Demonstrated That Defendant Went Through Red LIght
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In Ledesma v. AMA Grocery, Corp., 42 N.Y.S.3d 157, 158 (N.Y. App. Div. 1st Dept. Dec. 6, 2016), a personal injury trip-and-fall case, the court affirmed the denial of summary judgment to the landlord/defendant. In this case, plaintiff alleged that they sustained injuries when they fell on a raised metal strip at the edge of…

Read More Landlord Not Entitled to Summary Judgment in Trip-and-Fall Case
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In Bogaty v. Bluestone Realty NY, Inc., 2016 NY Slip Op 08343 (App. Div. 2d Dept. Dec. 14, 2016), the court affirmed the dismissal of plaintiff’s trip-and-fall personal injury lawsuit. Here, “plaintiff allegedly tripped and fell over a wheel stop in a parking space at a small supermarket located in Great Neck.” The court summarized…

Read More Trip/Fall Case Properly Dismissed; Wheel Stop Was Open and Obvious and Not Inherently Dangeous
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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 Vera v. Low Income Mktg. Corp., 2016 NY Slip Op 08318 (App. Div. 1st Dept. Dec. 13, 2016), a personal injury/construction accident case, the court explained its decision to grant plaintiff’s, and deny defendant’s, motion for summary judgment. At issue was plaintiff’s status. From the decision: The motion court properly granted plaintiffs’ motion for partial summary…

Read More Workers’ Compensation Board Finding Regarding “Employment” Was Not Preclusive in Construction Accident (Labor Law § 240(1)) Case; Injured Plaintiff Was Not a “Volunteer”
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