Judge McDonald – Pospis Law, PLLC

December 7, 2014 by mjpospis

Video Surveillance Tape Results in Summary Judgment for Plaintiff in Car Accident Case

If a picture is worth a thousand words, a video must be worth… more. A recent decision, Franco v. Palmer (Supreme Court, Queens County, decided December 1, 2014), illustrates the significant benefits of video evidence in a car accident case. The court granted summary judgment to the plaintiff, finding that a surveillance video of an…

“Optically Confusing” Steps Create Issue of Fact in Trip-and-Fall Case

In Panagos v. Brooklyn Botanic Garden Corp. (decided Sept. 2, 2014), a trip-and-fall case, the Supreme Court, Queens County denied defendant’s motion for summary judgment dismissing plaintiff’s complaint. In this personal injury case, plaintiff (a 73 year-old woman) sued after sustaining injuries after tripping and falling on a series of three steps near the Cherry Esplanade and…