Monthly Archives: April 2024

Was City Liable For Failure to Demarcate Boardwalk Bike Lane?   

Linda Kuchmeister, sought damages for injuries she sustained while attempting to avoid pedestrians who entered her bicycle lane as she was riding on the boardwalk in Long Beach, New York. Kuchmeister struck a movable sign located in the middle of the boardwalk and fell, breaking her shoulder, after she was forced to swerve to avoid crashing into the pedestrians. The City moved for summary judgment dismissing Kuchmeister’s complaint.

The boardwalk bicycle “lane” was not physically segregated from the throngs of beachgoers and visitors utilizing the boardwalk and was not demarcated by painted lines. The City of Long Beach conceded that it received “a great deal of complaints,” including in writing, that the bike “lane” constituted a dangerous condition for those on the boardwalk. Notwithstanding that the known dangerous condition allegedly had resulted in injury, the City sought summary judgment dismissing the complaint.

Were Operator/Owner Liable for Injury to Karaoke Diva?

Julia Kitziger was singing and moving her body while standing on a couch or banquet at Planet Rose’s karaoke bar when the couch moved forward. She then fell backwards, falling through the floor-to-ceiling glass in the storefront window. Litigation ensued against the bar and the owner of the building. Planet Rose and the property owner moved for summary judgment dismissing Kitziger’s complaint. Supreme Court denied the motion. Planet Rose appealed.

The appellate court found that Planet Rose failed to eliminate material issues of fact as to whether the bar had notice of the window’s dangerous condition, and whether the premises was maintained in a reasonably safe condition.  Planet Rose demonstrated that the window, which did not have tempered or safety glass, complied with applicable building code provisions when it was installed. But, even if the premises complied with applicable building code provisions, a landowner had a common-law duty to maintain the premises in reasonably safe condition in view of all the circumstances. Here, the owner of Planet Rose acknowledged that when vandals smashed another window in the storefront years earlier, the glazier recommended tempered glass as the best option for a storefront, and she accepted that recommendation. She also testified that there were many times over the years that patrons stood on the couch, as shown in photographs posted on Planet Rose’s social media. Thus, the record presented issues of fact as to whether Planet Rose was negligent in failing to use tempered glass in the window to prevent a foreseeable injury.

Did Patron Assume or Release Risk of Horseback Riding Injury?

Francine Harrison fell off a horse (called “Herman”) at Minieri’s Parkview Riding Center and was dragged with her foot caught in the stirrup, causing her various injuries including a broken femur. Specifically, Harrison claimed the horse was “rooting” (thrusting/pulling, his head down), and that she had received no instructions on how to respond to this dangerous behavior until the accident occurred. Litigation ensued.

Riding Center claimed that it was entitled to summary judgment dismissal because there was insufficient admissible evidence to establish an issue of fact concerning any negligence; Harrison’s execution of the riding instruction agreement and liability release was valid; the action must be dismissed based on the doctrine of primary/express assumption of risk and also based upon the doctrine of implied assumption of risk; and finally, because Harrison failed to establish proximate cause.