Personal Injury

From Madsen v. Catamount Ski Resort, 2018 NY Slip Op 06794 (App. Div. 1st Div. Oct. 11, 2018): Plaintiffs seek to recover for personal injuries sustained by their infant daughter in a skiing accident at defendants’ ski resort. Plaintiffs claim that defendants were negligent in failing to pad the metal snow machine pole with which the infant…

Read More Skiing Accident Personal Injury Case Survives Summary Judgment

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

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

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

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

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

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

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

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