In Alvarado v. City of New York, 2019 NY Slip Op 00962 (App. Div. 1st Dept. Feb. 7, 2019), a personal injury case, the court unanimously affirmed the dismissal of plaintiff’s complaint. From the decision: Defendant made a prima facie showing of its entitlement to judgment as a matter of law, by submitting evidence that plaintiff…
Read More Basketball Injury Case Properly DismissedIn the recent case of Bryant v. Town of Brookhaven, No. 12761/10, 2016 WL 230089 (N.Y. App. Div. 2d Dept. Jan. 20, 2016) provides an overview of the personal injury law concept of “assumption of risk”. Here, the injured plaintiff was playing golf when he slipped and fell on a wet wooden railroad tie that lined…
Read More Golfer Assumed Risk; Slip/Fall Case DismissedIn Kats-Kagan v City of New York, the Appellate Division, Second Department held (in a May 7, 2014 decision) that an ice skater’s personal injury suit should not have been dismissed as against the City of New York. The facts: The plaintiff, an experienced ice skater, allegedly was injured while ice skating at a rink owned…
Read More Ice Skater Did Not Consent to Increased Risk by “Zigzagging” Employee; Case Against City ContinuesIn honor of Super Bowl Sunday, here’s a case involving a football-related injury. In Bocelli v. County of Nassau, plaintiff sued after he sustained injuries while playing flag football in Stillwell Woods Park. He claimed that “as he was running, he slipped and fell upon an exposed sprinkler head and sustained injuries to his left knee and…
Read More Court Permits Football-Related Injury Claims to ContinueIn Bunn v. Town of N. Hempstead (decided August 28, 2013), the Second Department held that the defendant failed to establish its entitlement to summary judgment on the issue of assumption of risk. Plaintiff was injured while playing basketball after tripping on a crack in the court and catching his foot on a metal cap, which…
Read More No Assumption of Risk of Basketball InjuryThe Appellate Division, First Department this week held, in Tadmor v. New York Jiu Jitsu, that the defendant should have been granted summary judgment on plaintiff’s claim arising from an injury to his left knee while sparring with another student in a mixed martial arts class. The court held that plaintiff, who served in the…
Read More Israeli Army-Trained Martial Artist Assumed the Risk of InjuryIn 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 DismissedA Staten Island trial court recently dismissed a lawsuit arising from injuries sustained by an 11-year old judo student (Anthony Morales, Jr.) while training with a more senior, older, heavier, and taller student during a class. The case is Morales v. Longview Academy of Extreme Martial Arts, Inc., decided July 29, 2013. The injury occurred when…
Read More Foot Swept, Risk Assumed, Lawsuit DismissedBukowski v. Clarkson Univ., No. 510051 (3d Dept. July 14, 2011): Plaintiff, a college baseball pitcher, sued his school (Clarkson University) to recover damages for injuries sustained after he was hit in the face by a line drive during batting practice. After a jury trial, the trial court dismissed his complaint on the ground that…
Read More Pitcher, Hit By Line Drive, Assumed Risk of Injury