On March 7, 1999 at 9:15am, the plaintiff slipped and fell in the snow in front of her apartment building, injuring her ankle. In the hours preceding her fall, there was a snow storm with about two inches of snow accumulating. The plaintiff filed a personal injury lawsuit against her…
Articles Posted in Personal Injury
Appellate court rejects New York State’s “storm in progress” defense. Scheuer v. State of New (2021 NY Slip Op 05906)
In the case of a car accident that killed one person and severely injured another, the appellate court was asked to consider whether the “storm in progress” defense applied. Background On March 2, 2005, 25-year-old Jeremy Killenberger and 25-year-old James Croote were passengers in a car being driven by Kevin…
New York City Transit Authority’s motion for summary judgment granted – Garcia-Martinez v. City of New York, 2008 NY Slip Op 51321(U) (N.Y. Sup. Ct. 6/13/2008)
The issue in this slip and fall case is who was responsible for making sure a sidewalk was clear of hazards by properly clearing snow. Plaintiff Garcia, who was 50-years old at the time of the accident, was seriously injured after stepping off a NYCTA bus in the early afternoon…
New York Appellate Court discusses “serious injury” requirement pursuant to Insurance Law § 5102 – Brown v. Achy, 2004 NY Slip Op 3703 (N.Y. App. Div., 2004)
The issue in this car accident case is whether the plaintiff has sustained a “serious injury” as defined by the New York Insurance Law statute. According to the law, in order for a plaintiff to make a claim for pain and suffering, the plaintiff must have suffered a serious injury.…
New York Appellate Court Discusses Labor Law 240 (1)
Labor Law § 240(1) states that all “contractors and owners and their agents, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, ladders, and other devices which shall be…
Respondent Seeks Indemnification in Construction Case
A Bronx Estate Lawyer said that, by decision and order dated November 12, 2008, the motion brought by fourth-party defendant to dismiss the cause of action in the fourth-party complaint sounding in common law indemnification and contribution, was granted for the reasons stated on the record at oral argument. Remaining…
Plaintiff Files Claim Pursuant to Labor Law §§200, 240, 241(6)
The action commenced was filed by plaintiff against defendant. That action was consolidated with the actions against the remaining defendants. The complaints assert causes of action for common law negligence and violation of Labor Law §§200, 240, 241(6) and the Industrial Code of the State of New York 12 NYCRR…
New York Appellate Court Grants Defendant’s Summary Judgment Motion as Plaintiff Failed to Prove “Serious Injury”
That leaves the ninth and final category with which to sustain her claim for serious injury: a medically determined injury or impairment of a non-permanent nature which prevents the injured person from performing substantially all of the material acts which constitute their usual and customary daily activities for not less…
New York Appellate Court Discusses “Serious Injury” Requirement in Proving Car Accident Case
In this personal injury action, plaintiffs claimed to recover monetary damages for personal injury allegedly sustained by him as the result of a motor vehicle accident that occurred in County of Suffolk, State of New York. A New York injury Attorney said that defendants filed several motions: the first one…
New York Appellate Court Said There was No Admissible Proof Indicating Causation
Plaintiff submitted no admissible proof of objective findings contemporaneous with the accident that would indicate causality between the injury allegedly sustained in the accident and the accident itself. The causal connection must ordinarily be established by competent medical proof. Additionally, plaintiff has failed to rebut evidence of a preexisting degenerative…