As illustrated by a 1930 First Department products liability case, there are, apparently, worse things than shooting your eye out with a toy gun. Setting yourself on fire, for example. From Crist v. Art Metal Works, 230 A.D. 114, 116, 243 N.Y.S. 496, 497 (App. Div. 1930) aff’d, 255 N.Y. 624, 175 N.E. 341 (1931): Defendant…
Read More Toy Gun DangerIn Delva v. New York City Tr. Auth., the Appellate Division, Second Department explained the “emergency doctrine” in the context of a pedestrian knockdown case. A jury found in favor of plaintiff, and defendants moved to set aside the verdict pursuant to CPLR 4404(a). The trial court denied defendants’ motion, and the appellate court affirmed. Specifically,…
Read More Trial Court Properly Declined to Charge Jury with the “Emergency Doctrine” in Bus Accident/Pedestrian Knockdown Personal Injury CaseAccording to recent reports, motorcyclist Miguel Mercado was killed after being thrown from his motorcycle and struck by an oncoming vehicle on the Henry Hudson Parkway. One source, citing police reports, reported: Miguel Mercado, 44, of The Bronx, was traveling southbound in the left-hand lane about 9 p.m. Saturday when he hit the highway’s center…
Read More Fatal Motorcycle Accident on Henry Hudson ParkwayLast week the New York Court of Appeals issued a decision in Pelletier v. Lahm. In that tragic case, defendant driver Brittany Lahm lost control of her car when she took her hands off the wheel after a passenger untied her bikini top. The jury found in defendant’s favor, after the court instructed it on the…
Read More Court of Appeals Approves of “Emergency Doctrine” Charge in Brittany Lahm “Bikini Crash” LawsuitHere is the complaint, recently filed by model Carolina Rommel, against the owner of NoHo restaurant Public. Plaintiff alleges that, while dining at defendant’s restaurant in October 2011, she “bit into a rock contained in a warm lentil salad that had been served to her by defendant. It further alleges: Plaintiff’s injuries have been exacerbated…
Read More This Restaurant’s Salad Rocks (Not in the Good Way)In Benn v. New York Presbyt. Hosp., a pedestrian knockdown motor vehicle accident personal injury case decided August 6, 2014, the Appellate Division, Second Department denied defendants’ motion for summary judgment. In this case, a 13 year-old student was struck by a city ambulance while in the middle of a crosswalk after exiting a city…
Read More Ambulance-Hit-Pedestrian Lawsuit Continues; “Emergency Vehicle” Recklessness Standard InapplicableIn Reis v. Volvo Cars of N. Am., decided July 1, 2014, the Court of Appeals held that the trial court erroneously charged the jury in a design defect case, requiring reversal and a new trial. Here are the facts of this product liability case: On May 24, 2002, plaintiff’s friend, Americo Silva, was showing plaintiff…
Read More Inappropriate Jury Charge in Product Liability Case Results in Tossing of $10 Million Jury VerdictThe law requires municipalities, such as New York City, to maintain their streets and highways in a reasonably safe condition for people who use them. However, anyone seeking to recover for personal injuries arising from a defective condition on a New York City “street, highway, bridge, wharf, culvert, sidewalk or crosswalk” must – in addition…
Read More New York City’s “Prior Written Notice” RequirementBelow is the complaint recently filed in New York state court by the estate of Joseph Annunziato, who was allegedly killed when his Murphy bed struck him. It includes claims sounding in negligence, breach of implied and express warranty, and strict liability. Here’s one news story about the suit.
Read More Wrongful Death Suit Arising From Defective Murphy BedUnder New York law, a plaintiff suing a municipality (including the City of New York) must first file what is called a “Notice of Claim.” The particulars of the Notice of Claim requirement are spelled out in General Municipal Law § 50-e. In Jimenez v. City of New York, decided May 15, 2014, the Appellate Division, First…
Read More Notice of Claim Sufficiently Alleged Playground Equipment’s Defective Design