Res Ipsa Loquitur

Employment discrimination cases – particularly those involving allegations of harassment or a hostile work environment – are often not suitable for resolution as a matter of law (or “summary judgment”), since they frequently turn on factual disputes more appropriately resolved by a jury rather than a judge. Some cases, however, are suitable for disposition as a…

Read More Court Grants Restaurant Co-Workers Summary Judgment on Sexual Harassment (Hostile Work Environment) Claims

In Soto v. New Frontiers 2 Hope Hous. Dev. Fund Co. (decided June 10, 2014), the Appellate Division, First Department affirmed the dismissal of plaintiff’s complaint. Plaintiff, a postal worker, was allegedly injured “when the mailbox receptacle unit in defendants’ building fell into the wall as she was closing the unit after placing the mail in the individual…

Read More Court Affirms Dismissal of Postal Worker’s Personal Injury Suit Arising From Defective Mailbox

According to various news reports, several (as many as eight) people were injured yesterday when shelving at a Bronx Dollar Store collapsed in a “thunderous roar”, causing objects (including cans and dishes) to fall. As this just happened and details are still emerging, it is far too early to determine whether, and to what extent, the…

Read More Bronx Dollar Store Shelving Collapse – Res Ipsa Loquitur?

Plaintiff was injured when she slipped on an accumulation of water and fell in the bathroom of her apartment in defendants’ building.  The water that caused plaintiff’s fall came from a leak in the bathroom ceiling. The trial court denied defendants’ motion for summary judgment, and the Appellate Division, First Department, affirmed.  The case is Hernandez…

Read More Apartment Occupant Can Continue Case Arising Out of Slip-and-Fall On Water From Ceiling Leak

In Brumberg v. Cipriani USA, the Appellate Division, Third Department reversed a summary judgment for defendants.  In this personal injury case, plaintiff (a Cornell University professor) sued after allegedly consuming a 1.5 inch shard of wood at a Cornell University fundraiser catered by Cipriani. Initially, the court found that plaintiff presented sufficient evidence that she consumed…

Read More Cornell University Professor’s Personal Injury Case Arising From Consumption of Wood Shard Continues

The Supreme Court, Appellate Division, First Department recently held, in Hutchings v. Yuter, 2013 NY Slip Op 04988 (July 2, 2013), that the doctrine of res ipsa loquitur was appropriately invoked.  There, plaintiff alleged that “a garage door suddenly fell and struck him on the head”, causing injury. “Res ipsa loquitur” is Latin for “the thing itself…

Read More Res Ipsa Loquitur Does Not Require “Sole Physical Access” to the Injury-Causing Instrumentality