Category Archives: General Personal Injury
Injured MTA Employees Lose Claim Against New York State but Win Against New York State Thruway Authority
In September the New York State Court of Claims heard a case brought by three employees of the Metropolitan Transit Authority (Metro-North) against the State of New York and the New York State Thruway Authority. The case involved a crash on the New York State Thruway that occurred in March 2009. The Metro-North employees… Read More »
New York Court Discusses the Boundaries of Premises Liability Law
A man who was chased out of a bar and shot on the street sued the man who shot him, as well as the owner of the bar and the landlord/property owner. The court dismissed the injured man’s claims against the bar under theories of dram shop liability and premises liability due to a… Read More »
New York City Personal Injury Lawsuit Dismissed for Late Filing
On October 13, 2011, Melissa Guzy was crossing the street in the crosswalk at the intersection of East 23rd Street and Park Avenue South in Manhattan when she was struck and injured by a city bus. Guzy served notice of her claim to the New York City Transit Authority on November 15. A long… Read More »
Trip and Fall at NYC Subway Station Raises Questions of Fact for the Jury
Earlier this year, the Supreme Court of the State of New York, New York County, had the occasion to rule on the NYC Transit Authority’s motion to dismiss a personal injury case filed against it, arising out of a trip and fall at a New York City subway station. The court held that the… Read More »
Plaintiff Who Caused Crash Not Entitled to Recover for Personal Injury
Earlier this year, a judge in the New York County Supreme Court granted the defendant’s motion for summary judgment and dismissed the plaintiff’s personal injury lawsuit. The plaintiff’s own negligence was cited as the sole proximate cause of the auto accident which caused his injuries, and the judge did not think the plaintiff raised… Read More »
No Fishing Allowed
Judge Denies Request for Defendant’s Cell Phone Records in Pedestrian’s Wrongful Death This summer a Nassau County judge denied the plaintiff’s request for the defendant’s cell phone records, despite expert testimony stating that cell phone use may have been the cause of distracted driving which resulted in the death of the plaintiff’s son, who… Read More »
Plaintiff’s Slip and Fall Case Falls Flat Court Disregards Property Owner’s Notice of Hazardous Condition
In August, the Supreme Court of New York, Nassau County, sitting in Mineola on Long Island, granted summary judgment to a resort in the Catskills regarding a personal injury slip and fall accident which occurred on the ice and snow in February 2009. The case is Incantalupo v. Villa Roma Resort and Conference Center… Read More »
Trip and Fall Creates Complex Issues of Who is Liable for Injuries
On August 25th, 2009, Roberta Rappaport was coming down the steps outside of 504 3rd Avenue, a/k/a 166 East 34 Street, in New York City when she tripped on a metal tab protruding from the bottom of the handrail. She fell to the ground and broke her right elbow. In the ensuing litigation, Ms…. Read More »
City Is Not Liable for EMT’s Failure to Help Woman Who Later Died from an Asthma Attack
In 2009, Eutisha Rennix suffered an asthma attack while working at Au Bon Pain in Brooklyn. Her coworkers notified the two uniformed EMTs who were in the restaurant at the time. The EMTs called the incident into the dispatch center, but they did not attempt to help or check on Rennix since they had… Read More »
Court Dismisses Complaint Since There Was No Evidence That a Car Accident Caused a “Serious Injury”
In 2008, two parties were involved in a car accident. In Messina v. Anvarzadeh, the plaintiff sued the driver of the other car—and its owner—for personal injuries. The defendants made a motion to dismiss the complaint, arguing that the plaintiff did not sustain a “serious injury.” In order to establish whether the injuries were… Read More »
