Personal Injury

In Lebron v. 142 S 9, LLC, 151 A.D.3d 835, 54 N.Y.S.3d 679, 680 (N.Y. App. Div. 2d Dept. June 14, 2017), the Second Department affirmed the lower court’s denial of defendant’s motion for summary judgment on plaintiff’s personal injury slip-and-fall case. Here, plaintiff alleged that she was injured when she slipped and fell on…

Read More Slip/Fall Plaintiff Survives Summary Judgment; Defendants Did Not Submit Evidence Regarding Specific Cleaning

You may have read a recent news story about a group of teens who recorded and mocked a disabled man, Jamel Dunn, as he was drowning. If this happened in New York, could the observers be liable in a civil action to recover damages for personal injury/wrongful death?[1]Whether criminal liability may be found is beyond…

Read More Duty to Help Those in Danger

In Andersen v. El Triunfo Laundromat Corp., 54 N.Y.S.3d 166, 167–68 (N.Y. App. Div. 2d Dept. 2017), the court affirmed the denial of summary judgment to defendant in plaintiff’s slip-and-fall case. Plaintiff alleged that they slipped and fell due to the presence of a foreign substance on the floor of defendant’s premises. Summarizing the (familiar, now…

Read More Slip/Fall Plaintiff Survives Summary Judgment in Light of Fact Issue as to Constructive Notice

From Rubino v. 330 Madison Co., LLC, 2017 NY Slip Op 04210 (App. Div. 1st Dept. May 25, 2017): The court properly granted plaintiffs’ motion for partial summary judgment on the Labor Law § 241(6) claim as against appellants. It is undisputed that violations of Industrial Code (12 NYCRR) § 23-1.13(b)(3) and (4) proximately caused…

Read More Electrocuted Worker Entitled to Summary Judgment Under New York Labor Law § 241(6)

In Olenick v. City of N.Y., No. 23466/11, 2017 WL 1743179 (N.Y. Sup. Ct. Kings Cty. May 4, 2017) – a personal injury case by a bicyclist injured when a pedestrian stepped into his path on the Brooklyn Bridge – the court denied the City’s motion for summary judgment and to dismiss plaintiff’s complaint. By its…

Read More Brooklyn Bridge Cyclist Injury Lawsuit Proceeds Against City; Jury to Determine Whether City’s Failure to Conduct Safety Study Contributed to Plaintiff’s Accident

In Capobianco v. Stop & Shop Supermarket Co. LLC, No. 14 CIV. 6112 (NSR), 2017 WL 1157173 (S.D.N.Y. Mar. 24, 2017), a personal injury slip-and-fall action, the court denied defendant’s motion for summary judgment. In sum, plaintiff testified that upon entering the “bottle room” of defendant’s supermarket (i.e., the area where customers tend to their recycling…

Read More Supermarket Slip/Fall Personal Injury Claim Survives Summary Judgment

In Sawh v. Bally Contracting Corp., No. 16789/10, 2017 WL 902330 (N.Y. App. Div. 2d Dept. Mar. 8, 2017), the court granted plaintiff’s motion under CPLR 4404(a) to set aside a $100,000 jury verdict on the issue of damages for past pain and suffering, which in the court’s view were too low. From the Decision…

Read More $100k Award for Child’s Ankle Fracture Deviated Materially From Reasonable Compensation; New Trial Ordered Unless Defendant Agrees to Pay $300k

In Scavetta v. Wechsler, 2017 NY Slip Op 01985 (App. Div. 1st Dept. March 16, 2017), the court applied the “vicious propensity” rule to affirm the summary judgment dismissal of a personal injury case arising from a dog escaping from an unsecured bike rack. At the same time, the court “acknowledge[d] plaintiffs’ persuasive argument that…

Read More Court (Reluctantly) Applies “Vicious Propensity” Rule to Dismiss Personal Injury Case Arising From Escaping Dog

In Jeremias v. Lake Forest Estates, No. 2015-08003, 2017 WL 424673 (N.Y. App. Div. 2d Dept. Feb. 1, 2017), a personal injury slip/trip-and-fall case, the court affirmed the lower court’s denial of defendant’s motion for summary judgment. The law, as summarized by the court: A defendant moving for summary judgment in a slip-and-fall case has the…

Read More Testimony About General Cleaning Practices Insufficient to Establish Summary Judgment for Defendant in Slip/Fall Personal Injury Case

In Bentick v. Gatchalian, 2017 NY Slip Op 01172 (App. Div. 2d Dept. Feb. 15, 2017), an automobile accident case, the court affirmed the lower court’s decision granting plaintiff summary judgment on the issue of liability. Plaintiff and defendant collided “while the plaintiff was in the process of making a left turn from westbound Hillside Avenue…

Read More Auto-Accident Plaintiff Entitled to Summary Judgment; Evidence Demonstrated That Defendant Went Through Red LIght