Personal Injury

by

In Orsos v. Hudson Tr. Corp., the Appellate Division, First Department recently affirmed the dismissal of plaintiff’s complaint seeking damages for personal injuries she sustained in a bus accident.  It held: Defendants established their entitlement to judgment as a matter of law by demonstrating the applicability of the emergency doctrine in this action where plaintiff…

Read More Application of “Emergency Doctrine” Results in Dismissal of Bus Accident Case
Share This:
by

In Pelletier v. Lahm, decided November 20, 2013, the Appellate Division, Second Department upheld the trial court’s decision to instruct the jury as to the “emergency doctrine” and the resulting jury verdict for defendant Brittany Lahm in connection with a fatal car crash. Specifically, it affirmed the trial court’s denial of plaintiff’s motion, pursuant to CPLR…

Read More Emergency Doctrine Properly Applied to Exonerate Driver Brittany Lahm in “Bikini Top” Fatal Car Accident Case
Share This:
by

Here is the complaint in Terry v. Red Bull North America, Inc., which was filed in New York State Court in Brooklyn on October 24, 2013.  The lawsuit seeks damages arising from the death of Cory Terry, which was allegedly caused by his ingestion of Red Bull. According to the complaint: On or about the evening of…

Read More Red Bull Wrongful Death Lawsuit
Share This:
by

The Appellate Division, First Department, today affirmed (in Renteria v. Simakov, 2013 NY Slip Op 06071) a grant of summary judgment in favor of plaintiffs, and the denial of summary judgment to defendants, in a case involving a rear-end collision. Defendant taxi driver Daza hit plaintiff in the rear after plaintiff stopped in the left lane…

Read More Court Affirms Summary Judgment for Plaintiff in Rear-End Collision Case
Share This:
by

In the recent decision of Newsome v. County of Suffolk, the Appellate Division, Second Department, considered the “professional judgment rule” in the context of a negligence claim arising from a police dog bite. Plaintiff, a custodian, was bitten by a “dog employed by the canine unit of the Suffolk County Police Department” while at a…

Read More Police Dog Bite Case Continues
Share This:
by

In Clindinin v. New York City Housing Authority, NY Supreme Ct. # 109954/2010, the New York Supreme Court recently denied defendant New York City Housing Authority’s motion for summary judgment. In his complaint plaintiff alleged that while taking a shower the water changed erratically “from cold and cool to scalding hot” and that the building’s “defective and unsafe”…

Read More Plaintiff Overcomes Summary Judgment in Shower Burn Case
Share This:
by

In Woo v. United Nations Intl. School, 2013 NY Slip Op 51167(U) (N.Y. Sup. Ct. July 11, 2013), the court dismissed a personal injury action brought by a high school baseball player. Plaintiff Woo was injured when, as he was preparing to catch a ball thrown by plaintiff’s teammate DeRosa, the ball “glanced off the outer portion…

Read More High School Baseball Player Assumed Risk of Injury; Complaint Dismissed
Share This:
by

I fondly remember, in Miss Schmidt’s fourth grade class, the pride I felt when I “passed” the cursive writing “test” and was rewarded with a ball point pen. Good times. In today’s electronic age, cursive writing is less relevant than it has been in the past. One article even suggests, by reference to the Zimmerman…

Read More Claims Adjuster’s Email Sufficient to Enforce Settlement Agreement
Share This:
by

In Gautier v. 941 Intervale Realty LLC, 2013 NY Slip Op 05432, 108 AD3d 481 (July 23, 2013), a stairway slip-and-fall case, the court affirmed the denial of summary judgment to defendant. Defendant moved for summary judgment on the ground that it neither created nor had actual or constructive notice of the hazard.  In support, it cited…

Read More Summary Judgment Properly Denied to Defendant in Slip/Fall Case; No Evidence That Janitorial Schedule Was Followed on Day of Incident
Share This: