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Articles Posted in Personal Injury

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Did an airline’s negligence result in a dangerous condition on a jet bridge? – Guntur v. Jetblue Airways Corp., 2011 NY Slip Op 32615 (N.Y. Sup. Ct., 2011)

In this slip and fall case, the issue is whether an airline caused the hazardous condition or had notice of the hazardous condition that led to the plaintiff’s injuries. Plaintiff Guntur was scheduled to fly from Logan Airport in Boston to New York. While she was in the restroom, her…

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Court determines liability of pet store owner in dog bite case – D.C. v. Petco Animal Supplies Stores, Inc., 2007 NY Slip Op 51413(U) (N.Y. Sup. Ct. 7/16/2007)

In D.C. v. Petco Animal Supplies Stores, the court determines the liability of a pet store owner in a case where a customer’s pet dog bites a child in the store. This case may impact not only pet stores where customer pets are routinely permitted, but other types of stores…

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Plaintiff fails to rebut defendant’s prima facie showing that it did not cause or know about the hazard that led to plaintiff’s injury – Reece v. City of N.Y., 2010 NY Slip Op 31655 (N.Y. Sup. Ct., 2010)

In Reece v. City of N.Y., the court considered the question of what the plaintiff must show to prove that a defendant had sufficient notice of a hazard to be liable for injuries caused by the presence of that hazard. As Reece, the plaintiff, stepped on the curb at the…

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NY Appellate Court Decides if Hazardous Condition Present with Slip and Fall

Anyone who has been injured in a slip and fallcase on another person’s property is required to demonstrate why they believe that the other person is liable for their injuries in order to win any type of award for damages resulting from that fall. That means that just because a…

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Plaintiff seeks to use the Noseworthy doctrine in order to lower his burden of proof in a slip and fall case – Dolnick v. Borders Group, Inc., 2009 NY Slip Op 30538(U) (N.Y. Sup. Ct. 3/9/2009)

Plaintiff Dolnick filed a personal injury lawsuit against defendant bookstore Borders Group for an injury suffered by his father at the Borders location in Columbus Circle. The defendant moved for summary judgement to dismiss the case because the victim had passed away, and the plaintiff had not witnessed the accident.…

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Plaintiff seeks compensation from hospital because the hospital failed to take reasonable steps to notify her of the death of her brother – Coto v. Mary Immaculate Hosp., 10515 2006 (N.Y. Misc. 2009)

In this case the court considers whether a hospital’s failure to notify the next of kin can be the basis for a personal injury lawsuit for emotional distress.  Under New York law a decedent’s next-of-kin has the right to “immediate” possession of the decedent’s body. This means that a hospital,…

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Defendants request summary judgement in a grocery store slip and fall case- Richards v. Great Atl. & Pac. Tea Co., 2010 NY Slip Op 33392 (N.Y. Sup. Ct., 2010)

In a slip and fall case, the defendant grocery store moves for summary dismissal, arguing that the plaintiff does not have evidence that its negligent created the hazard that led to the plaintiff’s fall, or had real or constructive notice of it. Plaintiff Richardson was shopping at Waldbaum’s grocery store.…

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Defendant Awarded Partial Summary Judgement in Medical Malpractice Action

This case is being heard in the Bronx County Supreme Court in the state of New York. The case involves the deceased infant, Kayla Kesse Madison Charles. The plaintiffs are the administrix of the estate of the deceased infant, Dionne Charles and Dionne Charles on her own. The defendants in…

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Respondents Claim Petitioner in Violation of Public Health Laws

The petitioner for this case is Lena Bagels, Inc. The respondent of the case is The City of New York and the New York City Department of Consumer Affairs. The case is being heard in the New York Supreme Court. The judge overseeing the case is Philip G. Minardo. Case…

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Court Maintains Complaint if Friviolous and Lacks Standing

This is an interesting case being heard in the Kings County Supreme Court that involves the plaintiff, Christopher-Earl Strunk and a number of defendants. Among the defendants for the case are President Barack Obama, along with Vice President Joe Biden, and Senator John McCain. Additional defendants include the Speaker of…

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