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The City has recently moved to strike plaintiff Dominique Sharpton’s personal injury/pothole trip/fall complaint, based on her failure to appear for her deposition despite multiple adjournments.
Read More City Moves to Strike Dominique Sharpton’s Slip/Fall Complaint For Failure to Appear for Deposition
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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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In 1992, Stella Liebeck suffered significant burn injuries after spilling McDonald’s coffee on herself. She sued, and eventually received compensation. Much has been written about the case; a 2011 movie, “Hot Coffee“, focused on the extent to which the public’s largely unfavorable perception of the case and Ms. Liebeck was based on a significant and pervasive…
Read More John Kasich, Tort Reform, and Hot Coffee
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In Ocana v. Quasar Realty Partners L.P., 2016 NY Slip Op 01902 (App. Div. 1st Dept. March 17, 2016), the court unanimously affirmed an order granting plaintiff’s motion for partial summary judgment on the issue of liability on his Labor Law § 240(1) cause of action. From the decision: Plaintiff made a prima facie showing of his…
Read More Wobbly Ladder Leads to Summary Judgment for Plaintiff in Labor Law 240(1) Construction Accident Case
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The First Department’s recent decision in Rios v 1146 Ogden LLC, 2016 NY Slip Op 01420 (App. Div. 1st Dept. Feb. 25, 2016) illustrates one way in which a plaintiff injured on someone’s property can overcome summary judgment. There, the plaintiff alleged that she was injured “when she was caused to fall in the bathroom of her…
Read More Complaints to Live-In Super Sufficient Evidence of Notice to Overcome Summary Judgment in Apartment Tile Injury Case
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In Saffaf v Lincoln Ctr. for the Performing Arts, 2016 NY Slip Op 30312(U) (Sup Ct NY Cty Feb. 23, 2016), plaintiff alleged that he was injured while inside the Metropolitan Opera House (leased from owner Lincoln Center for the Performing Arts) when he slipped and fell when descending stairs located on the orchestral level. Lincoln…
Read More Lease Not Dispositive in Lincoln Center Slip/Fall Case
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In Bhatia v Cummings, 2016 NY Slip Op 00918 (App. Div. 2d Dept. Feb. 10, 2016), plaintiff was driving his car when he was struck in the rear by a vehicle operated by defendant. Plaintiff sued, and defendant (the rear-ender) asserted a counterclaim for negligence. The Supreme Court granted plaintiff’s motion dismissing defendant’s counterclaim; the Appellate Division…
Read More Leading Car’s Alleged Slamming on Brakes and Improper Signaling Creates Fact Issue in Rear-End Car Accident Case
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In Mazza v. Our Lady of Perpetual Help Roman Catholic Church, 134 A.D.3d 1073 (N.Y. App. Div. 2nd Dept. 2015), the court affirmed the lower court’s denial of defendant’s motion for summary judgment on liability, and declined to find that the alleged defect upon which plaintiff tripped was “trivial” as a matter of law. In…
Read More Trip-and-Fall Case Continues; Alleged Defect Was Not “Trivial”
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In the recent case of Bryant v. Town of Brookhaven, No. 12761/10, 2016 WL 230089 (N.Y. App. Div. 2d Dept. Jan. 20, 2016) provides an overview of the personal injury law concept of “assumption of risk”. Here, the injured plaintiff was playing golf when he slipped and fell on a wet wooden railroad tie that lined…
Read More Golfer Assumed Risk; Slip/Fall Case Dismissed
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In Brown v. Addison Hall Owners Corp., No. 16744, 2016 WL 237527 (N.Y. App. Div. Jan. 21, 2016), the Appellate Division, First Department affirmed the denial of summary judgment to defendants on plaintiff’s personal injury premises liability (slip/fall) claim. From the decision: In this action alleging a slip and fall on a wet floor inside…
Read More Decision: Slip/Fall Case Survives Summary Judgment; No Evidence that Defendants Mopped on Day of Accident