Monthly Archives: April 2023

This was originally published on the SGR Blog.

Was Doctors Group Liable for Injury Incurred?

John Davoudi sued Orthopaedic Associates of Manhasset P.C. (OAM) to recover damages for personal injuries he allegedly sustained in an accident that occurred on October 7, 2015 at the offices of OAM. Davoudi alleged that an x-ray technician, Steven Levitt, instructed him to sit on a rolling stool which rolled out from under him and caused him to fall. In his complaint, Davoudi asserted two causes of action — the first sounding in negligence, and the second sounding in negligent hiring, training and retention.

OAM moved for summary judgment on the grounds that: (i) OAM was not negligent and did not breach its duty to keep the premises in a reasonably safe condition; and (ii) the claim of negligent hiring, training and retention, was legally infirm.

This was originally published on the SGR Blog.

Was Claim Barred by “Storm In Progress” Rule?

Krystyna Prystupa allegedly sustained injuries to her shoulder following a fall she took on the property owned and operated by Crown Plaza Resort & Golf Club at Lake Placid, New York, at or about 1:32 p.m. on January 24, 2017. Prystupa asserted that there was snow and maybe ice conditions that should have been cleared on the walkway where she fell. In contrast, Crown Plaza alleged that there was a “storm in progress” and the resort could not be held liable for the condition of the walkway at the time of the incident.

Crown Plaza moved for summary judgment dismissing Prystupa’s complaint, and, in support of the motion, submitted the Local Climatological Data/Hourly Observations for January 24, 2017 showing temperatures below freezing from the early morning hours through the time of Prystupa’s fall. The report also showed precipitation falling during the relevant time period, albeit in minimal amounts of snow and rain. Relying on that data, Crown Plaza moved for summary judgment dismissing the complaint, in essence, based on the “storm in progress” defense.