December 2013 – Page 4 – Pospis Law, PLLC

December 3, 2013 by mjpospis

Neither Party Entitled to Summary Judgment in Bar Stool Severed Fingertip Case

In McGough v. Cryan, Inc. (decided Nov. 27, 2013), the Appellate Division, Second Department held that the trial court properly denied defendant’s, and should have denied plaintiff’s, respective motions for summary judgment. The court described the injury and the alleged condition causing it: The tip of the plaintiff’s right ring finger was severed when he sat…

$350,000 Settlement in Senor Frog Sexual Harassment Case

The U.S. Equal Employment Opportunity Commission (EEOC) recently announced a $350,000 settlement in the case captioned EEOC v. La Rana Hawaii, LLC d/b/a Señor Frog’s & Altres, Inc., Case No. CV-11-00799 LEK BMK, which it filed in the U.S. District Court for the District of Hawaii. From the EEOC press release: The [EEOC alleged] that at least…

Application of “Emergency Doctrine” Results in Dismissal of Bus Accident Case

In Orsos v. Hudson Tr. Corp., the Appellate Division, First Department recently affirmed the dismissal of plaintiff’s complaint seeking damages for personal injuries she sustained in a bus accident. It held: Defendants established their entitlement to judgment as a matter of law by demonstrating the applicability of the emergency doctrine in this action where plaintiff…