Personal Injury

In Benn v. New York Presbyt. Hosp., a pedestrian knockdown motor vehicle accident personal injury case decided August 6, 2014, the Appellate Division, Second Department denied defendants’ motion for summary judgment. In this case, a 13 year-old student was struck by a city ambulance while in the middle of a crosswalk after exiting a city…

Read More Ambulance-Hit-Pedestrian Lawsuit Continues; “Emergency Vehicle” Recklessness Standard Inapplicable
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In Reis v. Volvo Cars of N. Am., decided July 1, 2014, the Court of Appeals held that the trial court erroneously charged the jury in a design defect case, requiring reversal and a new trial. Here are the facts of this product liability case: On May 24, 2002, plaintiff’s friend, Americo Silva, was showing plaintiff…

Read More Inappropriate Jury Charge in Product Liability Case Results in Tossing of $10 Million Jury Verdict
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The law requires municipalities, such as New York City, to maintain their streets and highways in a reasonably safe condition for people who use them. However, anyone seeking to recover for personal injuries arising from a defective condition on a New York City “street, highway, bridge, wharf, culvert, sidewalk or crosswalk” must – in addition…

Read More New York City’s “Prior Written Notice” Requirement
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Under New York law, a plaintiff suing a municipality (including the City of New York) must first file what is called a “Notice of Claim.” The particulars of the Notice of Claim requirement are spelled out in General Municipal Law § 50-e. In Jimenez v. City of New York, decided May 15, 2014, the Appellate Division, First…

Read More Notice of Claim Sufficiently Alleged Playground Equipment’s Defective Design
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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…

Read More Application of “Emergency Doctrine” Results in Dismissal of Bus Accident Case
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In Pelletier v. Lahm, decided November 20, 2013, the Appellate Division, Second Department upheld the trial court’s decision to instruct the jury as to the “emergency doctrine” and the resulting jury verdict for defendant Brittany Lahm in connection with a fatal car crash. Specifically, it affirmed the trial court’s denial of plaintiff’s motion, pursuant to CPLR…

Read More Emergency Doctrine Properly Applied to Exonerate Driver Brittany Lahm in “Bikini Top” Fatal Car Accident Case
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Here is the complaint in Terry v. Red Bull North America, Inc., which was filed in New York State Court in Brooklyn on October 24, 2013.  The lawsuit seeks damages arising from the death of Cory Terry, which was allegedly caused by his ingestion of Red Bull. According to the complaint: On or about the evening of…

Read More Red Bull Wrongful Death Lawsuit
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The Appellate Division, First Department, today affirmed (in Renteria v. Simakov, 2013 NY Slip Op 06071) a grant of summary judgment in favor of plaintiffs, and the denial of summary judgment to defendants, in a case involving a rear-end collision. Defendant taxi driver Daza hit plaintiff in the rear after plaintiff stopped in the left lane…

Read More Court Affirms Summary Judgment for Plaintiff in Rear-End Collision Case
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In the recent decision of Newsome v. County of Suffolk, the Appellate Division, Second Department, considered the “professional judgment rule” in the context of a negligence claim arising from a police dog bite. Plaintiff, a custodian, was bitten by a “dog employed by the canine unit of the Suffolk County Police Department” while at a…

Read More Police Dog Bite Case Continues
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