The tragic story of Connor Cummings, who died while trying to take a photo atop NYC’s Four Seasons Hotel, is making the rounds. Assuming Mr. Cummings was trespassing, might he have a claim? It depends. A recent Second Circuit decision, Philip v. Deutsche Bank Nat. Trust Co., No. 14-4054-CV, 2015 WL 6642978 (2d Cir. Nov. 2, 2015) (Summary…
Read More Court Affirms Dismissal of Trespasser’s Personal Injury CaseIn a lawsuit filed on December 29, 2015 in New York Supreme Court, Katz v. Bocca East Restaurant et al, NY Sup. Ct. Index No. 163085/2015, plaintiffs Judith Katz and (her daughter) Laura Katz allege that they were injured when Laura “was dowsed [sic] in flames, lit on fire, engulfed in flames and severely burned…
Read More Burn Lawsuit Against Bocca East RestaurantForman v. Henkin, 2015 NY Slip Op 09350 (App. Div. 1st Dept. Dec. 17, 2015), decided by the First Department on December 17, 2015, represents yet another data point in an evolving body of case law assessing whether a party to litigation is entitled to the other side’s social media postings. This issue typically arises in…
Read More First Department Limits Facebook Discovery in Personal Injury CaseShawn Bickham just wanted a Coke. He got one from the fridge and started drinking. After he had finished about half the can, he “felt something get caught in his throat” which “felt like something poking and something just stuck, lodged [in his throat].” It turned out that the object was a non-metallic “dried, brittle…
Read More Case Arising From Ingestion of “Dried, Brittle Mass” From Coke Can Survives Summary Judgment Under “Res Ipsa Loquitur” TheoryIn a recent lawsuit, captioned Stagner v. Trader Joe’s, Index # 161608/2015 (N.Y. Sup. Ct. filed Nov. 11, 2015), plaintiff Diana Clair Stagner (and her husband Jerry Lanning) allege that she was injured when, while at the checkout counter with goods at an Upper West Side Trader Joe’s, “[an employee or agent of] Defendant Earlybird…
Read More Personal Injury Lawsuit Against Trader Joe’sTeaching is hard work. In addition to the typical stresses of any job – rude co-workers, overbearing bosses, long hours – teachers are forced to deal with unique challenges, such as physical violence in the classroom. This has been in the news lately; the search results from a Google query for “student attack teacher” are disheartening, to…
Read More Absence of “Special Duty” Results in Dismissal of Injured Teacher’s LawsuitIn Ashton v. EQR Riverside A, LLC, 2015 NY Slip Op 07916 (Oct. 29, 2015), the court affirmed the dismissal of plaintiff’s trip-and-fall case. This case, like many premises liability cases, turned on the critical issue of “notice”. From the decision: It was undisputed that defendants did not have actual or constructive notice of the height differential…
Read More Trip/Fall Case Properly Dismissed; Expert’s Conclusion Was “Speculative”In Sikora v Earth Leasing Prop. Ltd. Liab. Co., 2015 NY Slip Op 07918 (App. Div. 1st Dept. Oct. 29, 2015) – a personal injury ice slip/fall case – the Appellate Division, First Department affirmed a lower court decision denying defendant’s motion for summary judgment. The court explained: Defendant failed to establish entitlement to judgment as a matter of law…
Read More Plaintiff Survives Summary Judgment in Ice Slip/Fall Personal Injury CaseHere is the complaint, captioned Ekberg v. City of New York (NY Sup. Ct., NY Cty., Index # 158642/2015, filed 8/20/15) in which plaintiff alleges that she was injured after being bitten by a NYPD horse while on Manhattan’s Lower East Side. (I’m very curious to know why, in 2015, large animals with teeth are present in…
Read More Lawsuit: Bitten by Police HorseDog-bite injuries can be serious and in some cases deadly. If it happens to you, can you (successfully) sue under New York law for damages? It depends. Unlike in other types of personal injury cases, a person injured by a domestic animal (e.g., a dog) may not proceed on a theory of negligence. Rather, under…
Read More Who’s a Bad Boy? “Vicious Propensities” and New York Dog Bite Law