Personal Injury

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

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

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

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

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

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

As summer approaches, one’s thoughts naturally turn to summer-y things, like picnics, pools, barbecues, and, maybe, fireworks.  But, as we all know, fireworks (and similar devices) can be dangerous, and their use may result in serious injuries.  Worse, anyone suffering such injuries may be deprived of a legal remedy under a rule recently applied by…

Read More Decision to “Light Up Some Boom Booms” Precludes Recovery in Negligence