Slip/Trip and Fall

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A recent Appellate Division, First Department case, Vivas v. VNO Bruckner Plaza LLC (decided January 7, 2014) illustrates the obvious point that in slip/trip and fall cases, specific attention must be paid to exactly where the accident occurred. The court reversed the trial court’s denial of defendant Payless Shoesource, Inc.’s motion for summary judgment, and…

Read More Tenant Absolved of Liability Where Slip/Trip and Fall Occurred in Location Outside Leased Premises
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In DaSilva v. New York City Transit Authority, the Appellate Division, First Department denied defendant’s motion for summary judgment.  In this trip-and-fall case: Plaintiff allegedly tripped and fell on a step on stairway P4A which accesses a platform in the Rockefeller Center, IND division subway station. It appears that metal treads installed on the horizontal…

Read More Trip/Fall on Subway Steps Survives Summary Judgment
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A recent Eastern District of New York decision, Berroyer v. U.S., illustrates that paying taxes can be literally painful. Plaintiff and his wife sued the United States of America under the Federal Tort Claims Act, 28 U.S.C. § 1346(b), seeking recovery for injuries sustained during a meeting with an IRS auditor. Plaintiff was injured when “his foot became caught…

Read More Fall in IRS Office Results in $712,000 Award
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In Bellini v Gypsy Magic Enters., Inc., the Appellate Division, Second Department held that plaintiff’s complaint should have been dismissed.  Plaintiff alleged that she sustained injuries after she tripped and fell over a wheel stop located in a parking lot of a strip mall in Wantagh. “While a landowner has a duty to maintain its premises in…

Read More Since Wheel Stop Was “Open and Obvious”, Trip and Fall Complaint Should Have Been Dismissed
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In Dominguez v. 2520 BQE Assoc., LLC, the Appellate Division, First Department recently affirmed the denial of defendant Time Warner Cable’s (TWC) motion for summary judgment. First, the facts: Plaintiff was injured when he slipped and fell on a sheet of ice at the top landing of a four-to-five step staircase as he exited a…

Read More Ice Slip/Fall Case Continues
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In Blatt v. L’Pogee, Inc., the Appellate Division, Second Department, recently held that the trial court properly denied summary judgment to defendant in this trip-and-fall case. Plaintiff, a salesperson employed by defendants as an independent contractor, claimed that he tripped and fell on a hazardous condition created by another independent contractor salesperson employed by defendants.…

Read More Summary Judgment Properly Denied to Defendant in Trip-and-Fall Case Under the “Nondelegable Duty Exception” to Non-Liability for Independent Contractor’s Acts
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In Bynoe v. Target Corporation, the Second Circuit recently vacated the trial court’s award of summary judgment to defendant.  In this slip-and-fall case, plaintiff Bynoe sued after slipping and falling on a puddle of syrup from a fallen Del Monte fruit cup in a Brooklyn Target. The court’s decision turned on the issue of “constructive notice”.…

Read More Expert Testimony Creates Issue of Fact in Slip-and-Fall Case
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In Yuk Ping Cheng Chan v. Young T. Lee & Son Realty Corp., the Appellate Division, First Department affirmed a denial of summary judgment for defendant in a slip-and-fall case. Plaintiff alleged that she slipped and fell on a “large patch of grease” on the public sidewalk abutting premises owned by Yount T. Lee &…

Read More Slip-and-Fall Case Continues; Nexus Between Hazardous Condition and Circumstances of Fall Shown
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