November 5, 2013 – Pospis Law, PLLC

November 5, 2013 by mjpospis

Failure to Use “Perfect Safety Device” Dooms Plaintiff’s Labor Law § 240(1) Claim

In Barreto v. Metropolitan Transportation Authority, the Appellate Division, First Department (Judges Tom, Friedman, Freedman, Feinman) court affirmed the dismissal of plaintiff’s claims under Labor Law §§ 200, 240(1) and 241(6), holding that plaintiff was the sole proximate cause of the injury-causing accident. Plaintiff was injured when he fell into an uncovered manhole while performing…

Sudden Stop of Lead Vehicle Did Not Rebut Presumption of Negligence of Following Vehicle in Rear-End Collision

A recent decision, Maillard v. New York City Transit Authority, illustrates how liability is assessed (in the First Department, which encompasses Manhattan and the Bronx) in a rear-end collision. This car accident case involved four cars, which impacted one another. The lead driver, Donalds, was struck from behind by Husband, who was struck from behind by…

Plaintiff Sufficiently Alleged Disability Discrimination; Allegations Regarding Qualification to Perform Job Were Not Contradictory

In Grant v. County of Erie (Summary Order), the Second Circuit vacated the dismissal, under Federal Rule of Civil Procedure 12(b)(6), of plaintiff’s disability discrimination claim under the Americans with Disabilities Act (ADA). Ordinarily, when reviewing the facial sufficiency of a federal court complaint to determine whether it states a claim, a trial court must accept…