Personal Injury

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In Adriana G. v. Kipp Wash. Hgts. Middle Sch., 2018 NY Slip Op 06787 (App. Div. 1st  Dept. Oct. 11, 2018), the Appellate Division unanimously affirmed the lower court’s denial of defendants’ motion for summary judgment. According to the decision, plaintiff “sustained injuries that resulted in her right ring finger being amputated after it became caught…

Read More Student’s Amputated-Finger Case Survives Summary Judgment
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Here is yet another reason why accident victims should refrain from using social media after they are in an accident. In Smith v. Brown, 2018 NY Slip Op 28299 (Sup. Ct. Bx. Cty. Sept. 27, 2018), a personal injury case involving a motor vehicle accident, the court held that plaintiff was required to respond to requests…

Read More Car Accident Plaintiff Must Respond to Requests for Admission Regarding Instagram “Selfies,” Court Rules
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In Suarez v. Emerald 115 Mosholu LLC, 2018 NY Slip Op 06059 (App. Div. 1st Dept. Sept. 13, 2018) – a trip-and-fall personal injury case – the court held that the alleged defect was not “trivial” as a matter of law and, therefore, that plaintiff’s case should not have been dismissed on summary judgment. The facts,…

Read More Defect Was Not “Trivial” as a Matter of Law; Trip/Fall Case Continues
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From KM v. Fencers Club, Inc., 2018 NY Slip Op 05923 (App. Div. 2d Dept. Aug. 29, 2018): A necessary element of a cause of action alleging negligent hiring or negligent supervision of an employee is that the “employer knew or should have known of the employee’s propensity for the conduct which caused the injury” (Kenneth R.…

Read More Fencing School Held Not Liable for Sexual Assault of Minor By Coach
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From Fuentes v. Theodore, 2018 WL 3748315, at *1 (N.Y.A.D. 2 Dept., 2018): The defendant established her prima facie entitlement to judgment as a matter of law by submitting evidence that no dangerous or defective condition existed with respect to the stepladder (see Bernal v. 521 Park Ave. Condo, 128 A.D.3d 750, 9 N.Y.S.3d 358; Balashanskaya…

Read More Personal Injury Case Dismissed; Stepladder Was Not Dangerous/Defective
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To succeed in a slip-and-fall case, the injured plaintiff must establish that the defendant property owner was negligent. This is typically done by showing that they had actual or constructive notice of, yet failed to correct, the dangerous condition. In a recent decision, Canteen v. New York City Housing Authority, 2018 NY Slip OP 05733…

Read More Slip/Fall Dismissal Affirmed; Notice Undermined by Caretaker Affidavit
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In Green v. Price Chopper, Inc., 2018 NY Slip Op 05578 (App. Div. 2nd Dept. Aug. 1, 2018), a personal injury trip-and-fall case, the court held that the defendant supermarket was not entitled to summary judgment on liability. Plaintiff testified that she tripped and fell over a raised portion of a rubber mat near the supermarket…

Read More Raised Mat Not “Trivial” Defect as a Matter of Law; Summary Judgment for Defendants Reversed
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The fact pattern of in the recent case of Deng v. Young, 2018 NY Slip Op 05414 (App. Div. 4th Dept. July 25, 2018) is any parent’s nightmare: Plaintiff’s son (hereafter, child) was a student at Webster Elementary School, improperly sued as Webster Elementary School District, which is located in the Syracuse City School District (collectively,…

Read More Personal Injury Case Against School Survives Summary Judgment
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In DiPasquale v. Boys & Girls Harbor Inc., 2018 NY Slip Op 04947 (App. Div. 1st Dept. July 3, 2018), a personal injury/premises liability case, the court unanimously affirmed the denial of defendant’s motion for summary judgment. This case underscores the responsibilities that premises owners have to maintain their property in a reasonably safe condition. From…

Read More Electrocution Injury Case Against Employer’s Landlord Survives Summary Judgment
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