Category Archives: Personal Injury

Planet Fitness Member Falls After Taking Shower

Was Club Liable for Injury Caused by Puddle in Locker Room?

Jason Briggs brought a premises liability action seeking to recover for personal injuries he sustained when he was allegedly caused to slip and fall in the shower locker room at the workout at a Planet Fitness gym. Briggs contended he finished his workout and went into the locker room to shower as he normally did. He undressed and prepared to take a shower in the middle stall. He was barefoot. He testified he walked into the shower area and was attempting to go into the middle (third) shower. Briggs claimed he slipped and fell in the area just before he got into the shower stall. He testified that, after he fell, he took three photographs of a puddle that was about one foot by two feet and approximately three to four feet from the shower shall. He believed the accident occurred just before 9:00 p.m.

Briggs testified that he did not see the puddle before he fell and, when asked if he stepped in the puddle, he responded “1 would assume so.” When further questioned if he did not know that he stepped into the puddle, he responded “I don’t know because I didn’t see the puddle, my eyes were looking where 1 was going.” Briggs testified that the surrounding ground near the puddle was mostly wet all over. After his fall, Briggs got dressed and went to the front counter to advise staff of his injury.

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Customer Injured in Altercations With Nostrand Avenue KFC Store Manager

Court Decides If Patron’s Complaint Should  Be Dismissed If He Initiated the Squabble

Cecil Gibbs alleged in his complaint that Azizullah Nasiry injured Gibbs through recklessness, carelessness, and negligence.

On October 18, 2017, Nasiry was employed by 1429 Food Corp. d/b/a Kennedy Fried Chicken. 1429 Food Corp. is a small storefront eat-in and takeout chicken restaurant located at 1429 Nostrand Avenue in Brooklyn, New York. Nasiry was employed in the capacity of store manager.

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Health Care Aide Injured When Dining Room Chair Collapses

Did Homeowner Have Actual/Constructive Notice of Defect?

Joan Maria Vaz brought a personal injury action arising from an accident at the home of Giusseppina Zimmitti.

Zimmitti moved for summary judgment dismissing Vaz’ complaint.

The accident took place when the dining room chair that Vaz was seated in broke and collapsed under her, resulting in injuries. She commenced an action and asserted in her complaint that Zimmitti was negligent as she failed to use the degree of care which a prudent person would in like circumstances, despite having had actual and/or constructive notice of the dangerous and defective condition of the chair.

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Dump Truck Backs Into Trailer During Dispute at Gas Station

This was originally posted on the SGR Blog.

Did Conduct Alleged Support a Claim For Punitive Damages?

Frank A. Nazzarro commenced an action for alleged personal injuries sustained after Anthony Salvatore backed his dump truck into him while at a gas station. Nazzarro then moved to amend the complaint to add a claim for punitive damages due to Salvatore’s “dangerous, reckless and careless manner” in operating the dump truck and his “conscious, wanton disregard for [Nazzarro’s] safety” and the safety of others. Supreme Court granted the motion. Salvatore appealed.

The Court affirmed– finding that Salvatore’s assertion that his conduct did not rise to the level of reprehensible misconduct so as to warrant punitive damages was without merit. The record disclosed that Salvatore was verbally arguing with Nazzarro and his friend. The friend’s vehicle was blocking a pump. According to the friend, he planned on moving his vehicle after putting items away but Salvatore wanted it done immediately. The friend testified at his deposition that Salvatore said, “if you’re not going to move it[,] I’m going to move it for you.”

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Dump Truck Backs Into Trailer During Dispute at Gas Station

This was originally posted on the SGR Blog.

Did Conduct Alleged Support a Claim For Punitive Damages?

Frank A. Nazzarro commenced an action for alleged personal injuries sustained after Anthony Salvatore backed his dump truck into him while at a gas station. Nazzarro then moved to amend the complaint to add a claim for punitive damages due to Salvatore’s “dangerous, reckless and careless manner” in operating the dump truck and his “conscious, wanton disregard for [Nazzarro’s] safety” and the safety of others. Supreme Court granted the motion. Salvatore appealed.

The Court affirmed– finding that Salvatore’s assertion that his conduct did not rise to the level of reprehensible misconduct so as to warrant punitive damages was without merit. The record disclosed that Salvatore was verbally arguing with Nazzarro and his friend. The friend’s vehicle was blocking a pump. According to the friend, he planned on moving his vehicle after putting items away but Salvatore wanted it done immediately. The friend testified at his deposition that Salvatore said, “if you’re not going to move it[,] I’m going to move it for you.”

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Dad Tripped on Broken Glass While Inspecting Soccer Field

This was originally published on the SGR Blog.

Was City on Actual/Constructive Notice of Dangerous Condition?

Michael Hegeman alleged that, on June 17, 2018, at approximately 11:45 a.m., he arrived at a soccer field in a public park owned by the City of Newburgh. His son’s soccer team was scheduled to play a game on that field. After he arrived, Hegeman went over to an area with bleachers and saw broken glass bottles all over the ground in that area. He became concerned, because his son and his son’s teammates would be in that area, so he and some other parents and coaches started picking up the broken glass. While picking up the broken glass, Hegeman took a step backwards. When his foot came down, it came down upon a large piece of a broken glass bottle, which pierced his shoe and cut into his foot.

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Elderly Shoprite Customer Injured When Sliding Door Closed on Walker

This was originally published on the SGR Blog.

Would Court Decide Who of Many Actors Was Responsible for the Accident?

Rose Wettreich was injured when the automatic sliding doors in the vestibule of Shoprite of Commack, LLC closed on her as she was exiting the supermarket using a walker. Wettreich was knocked down and sustained a fractured hip that required surgical repair. Litigation ensued and the parties in interest remaining in the matter were Shoprite, Stanley Security Solutions, Inc., Stanley Access Technologies, LLC, and Mackenzie Automatic Doors, Inc.

Wettreich’s claims appeared to rest upon the theory of failure to properly maintain, control, and inspect the operation of the sliding glass doors.

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Accident on Lane 47 of Babylon Bowling

This was originally posted on the SGR Blog.

Did Proprietor Create/Allow Dangerous Condition?

Judi Nelson sued to recover damages for injuries she allegedly sustained when she tripped and fell at AMF Babylon Lanes, a bowling alley located at 430 Sunrise Highway, West Babylon, New York. In her bill of particulars, Nelson alleged that she tripped and fell due to a “defective and dangerous condition” at lane number 47.

AMF moved for summary judgment in its favor, arguing that it did not create the alleged dangerous condition, and did not have actual or constructive notice thereof. In support of its argument, AMF submitted copies of the pleadings, transcripts of the parties’ deposition testimony, transcripts of three nonparty witnesses’ deposition testimony, a copy of a “customer incident report,” and a compact disk containing video footage.

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Son In Accident While Driving Father’s Car Without Permission

This was originally published on the SGR Blog.

Was Father Liable For Injury to Third Party?

Hugo Rodriguez sued Robin Sanchez and his father, Roman Sanchez. The undisputed facts were simple. Robin was driving his father’s van when he hit Rodriguez’s car. Robin claimed that Rodriguez rolled into his car, a claim which Rodriguez dismissed as patently false. Robin fled from the scene, only returning when Roman was able to reach him, after the police contacted his father.

Roman moved for summary judgment dismissing the complaint as against him. The basis for Roman’s motion was that he claims that his son was driving the vehicle without his permission, such that he should not be liable for the accident pursuant to Vehicle and Traffic Law § 388.

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“Slip and Fall” in Building Elevator On Rainy Day

This was originally published on the SGR Blog.

Was Owner Liable for Personal Injury Claimed?

The “storm in progress” rule protects real property owners from sidewalk-related “slip and fall” claims until a reasonable amount of time after rain or snow abates. But, as a recent case illustrates, different rules apply where the weather-related accident takes place inside the building while it is raining outside.

Woon Yin Kwan resides at 20 Confucius Plaza located in New York County. The building is owned by Chinatown Apartments, Inc. and managed by Tudor Realty Services Corp.

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