Personal Injury

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It’s New Year’s Eve – a time for reflection, and, of course, revelry. New Year’s Eve parties are a great opportunity to connect with friends, and to bring in the new year with a bang. Sometimes they’re completely enjoyable – and sometimes a shelf collapses on your head. In C.I.R. v. Mangaroni, LLC, No. 156031/2015,…

Read More Plaintiff Denied Summary Judgment in New Year’s Eve Party Accident
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In Lawyer v. City of New York, 2019 NY Slip Op 07698 (App. Div. 1st Dept. Oct. 24, 2019), the court unanimously affirmed the dismissal of plaintiff’s premises liability (negligent security) case. The court stated the rule that “[a] landlord has a common-law duty to take minimal security precautions to protect tenants and members of…

Read More Negligent Security Case Dismissed; Court Cites Building Security Measures and Lack of Prior Incidents
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In Nieto v. CLDN NY LLC, No. 159273/2016, 2019 WL 4962568 (N.Y. Sup Ct, New York County Oct. 08, 2019), a personal injury case, the court addressed what a plaintiff’s attorney may do during a defense medical exam (DME) (otherwise, arguably misleadingly, known as an “Independent” Medical Exam, or IME). Here, the defendant asserted that…

Read More Court: Attorney May Take Notes at Defense Medical Exam
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In Olaechea v. City of New York et al, 17-CV-4797, 2019 WL 4805846 (S.D.N.Y. Sept. 30, 2019), the court, inter alia, dismissed plaintiff’s gender-based hostile work environment claim under Title VII of the Civil Rights Act of 1964, the New York State Human Rights Law, and the New York City Human Rights Law. As to…

Read More Hostile Work Environment Claim Dismissed; Romantic Rumors Insufficient
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In Evarts v Pyro Engineering, No. 517394, 985 N.Y.S.2d 179, 181–82, 2014 N.Y. Slip Op. 02996, 2014 WL 1698366 (N.Y.A.D. 3 Dept., May 01, 2014), the court modified a lower court’s order and reversed the grant of summary judgment in defendants’ favor on plaintiff’s negligence cause of action arising from a fireworks-related injury. Here, the…

Read More Fireworks Injury Negligence Claim Survives Summary Judgment
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One prominent memory from my One-L torts class is the professor telling us “the railroad always wins.” This was his tongue-in-cheek summary of ancient cases we were studying which involved tort/negligence lawsuits by injured persons against railroads. The explanation for what seemed like overwhelmingly railroad-friendly results in these cases was that the perception of a…

Read More MTA Metro North Conductor’s FELA Claim, Arising From Alleged Passenger Assault, Survives Summary Judgment
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In Doyle v. Temco Serv. Indus., Inc., 2019 NY Slip Op 03919 (App. Div. 1st Dept. May 21, 2019), the court held that defendant was entitled to discovery of plaintiff’s social media accounts – albeit not to the extent that defendant demanded. From the decision: Private social media information can be discoverable to the extent…

Read More Social Media, Passport Discovery Ordered in Personal Injury Case
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In Serrano v. DTG Enter. Inc., 2019 NY Slip Op 03469 (App. Div. 1st Dept. May 2, 2019) – a rear-end collision car accident case – the First Department reversed the denial of plaintiff’s motion for summary judgment. From the decision: It is undisputed that Serrano made a prima facie showing that he was entitled…

Read More Plaintiff Gets Summary Judgment in Rear-End Collision Case; Lack of Turn Signal Was Irrelevant
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