Category Archives: Personal Injury

Tractor-Trailer Hits Disabled Car Parked at Side of Road

Did Emergency Doctrine Excuse Driver From Liability for Injuries?

Alwin Martinez was injured in an incident when his vehicle became disabled on the highway and Yesenia Camacho drove to the scene to help him. Camacho testified that although she first parked behind Martinez on the shoulder, she eventually moved her vehicle so that it extended partially into the right-hand lane of the highway so that she could help jump start Martinez’s vehicle. While they were waiting for the vehicle to charge, a tractor-trailer leased by J.B. Hunt Transport, Inc. crashed into the back of Camacho’s vehicle, injuring both Martinez and Camacho. Litigation ensued..

Martinez and Camacho’s motion for summary judgment against Transport as to liability was granted. And Transport’s affirmative defense of comparative negligence was dismissed. Transport appealed.   

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Was Manhattanville College Liable or Did Player Assume Risk?

Richard G. Mazze, a member of the varsity soccer team at Manhattanville College, allegedly sustained an injury to his back as he was performing a squat exercise during a weight training session. Mazze sued Manhattanville College, Manhattanville College Athletic Department and Manhattanville College Men’s Varsity Soccer.      

Manhatanville moved for summary judgment dismissing the complaint on the gound that the action was barred by the doctrine of assumption of risk. Supreme Court denied the motion. And Manhattanville appealed.

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Marino Sues City/ FDNY For Injury Suffered In Course Of Rescue From Jamaica Bay

Court Decides If Marine Division Failed To Properly Exercise Special Duty to Boater

Frank Marino commenced an action to recover damages from the City of New York and the Fire Department for personal injuries he allegedly sustained when he came in contact with the propeller of a boat’s outboard motor while he was being rescued from the waters of Jamaica Bay by members of the FDNY’s Marine Division. The complaint alleged that, among other things, the City and  the FDNY were negligent in permitting Marino to drift toward the boat’s outboard motor after throwing him a rope.

The City and the FDNY moved for summary judgment dismissing the cause of action alleging negligence. Marino opposed the motion and cross-moved for leave to amend the complaint.  Supreme Court granted the motion and denied the cross-motion. Marino appealed.

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Girlfriend Injured in Fracas As Police Attempt to Arrest Boyfriend

Was Officer’s Conduct Objectively Reasonable Under the Circumstances?

Debra Pleva sued the County of Suffolk and the Suffolk County Police Department to recover damages for personal injuries she allegedly sustained during an altercation with police officers employed by the County and the Department. The incident occurred while the police officers were attempting to arrest Pleva’s boyfriend. The County and SCPD moved for summary judgment dismissing the causes of action alleging negligence, assault, and battery. The Supreme Court denied those branches of the motion. The County and SCPD appealed.

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Horse Named “Blaze” Throws Rider Who Then Sues Owner

Did Owner Conceal– or Rider Assume—the Horseback Riding  Risk?

Jesse Stanhope sued  Alexander Conway on theories of negligence and strict liability seeking to recover for injuries allegedly sustained when he was “bucked” off a horse  named “Blaze” and owned by Conway.

Following joinder of issue and discovery, Conway moved for summary judgment dismissing the complaint contending that Stanhope assumed the risks inherit in horseback riding. Stanhope opposed the motion. And Supreme Court denied the motion, finding outstanding questions of fact regarding whether the specific horse posed risks that were above and beyond those known by Stanhope.

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Mom Asserted Son Was Bullied/Harassed at Tennis Program

Were Complaints to USTA Director Defamatory or Privileged?

A mother believed her son was bullied and harassed by another participant at junior tennis lessons, training and events. And so e-mailed to the sports’ governing body. s a recent case illustrates, the Court was called upon to determine if that communication was defamatory or privileged.

Melani Weitz reported, via email, to a United States Tennis Association official, that her son was being bullied by Matthew Porges at USTA junior tennis tournaments and at other tennis programs and events. The bullying ranged from offensive name-calling to physically menacing behavior, and it caused Weitz to fear for her son’s safety. Weitz “[couldn’t] understand,” she wrote, “how a child like [Porges was] allowed to continue to compete or even be associated with the USTA.” The email also noted that Porges had been “kicked out” of two tennis facilities and instruction programs on Long Island. Litigation ensued.

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Passenger Injured When Car Skids Off Road During Snowstorm

Was Drive Liable or Exonerated From Liability For Negligence?


Most of the facts that surrounded the happening of a single vehicle accident were not disputed. Yvette Fall, a passenger, Ryan Detomi, the driver, and three other occupants of a 2007 Kia Sorento were all students at Cazenovia College which is located near Syracuse, New York. The accident occurred just after midnight on the morning of April 7, 2018. The night before the accident four of the five occupants performed in a theatrical production of the play “Rent” at the College, the fifth occupant was in the audience. After the performance, the five occupants traveled together in the vehicle to a party. They left the college at around 10 P.M. and arrived at the party at 10:30 or 11:00 P.M. At his deposition Ryan Detomi testified that when he got in his vehicle after the show it was “snowing, [with] very close to white-out conditions.”  And testified that it took him approximately 20 minutes to drive to the party. As they traveled to the party the weather was “mixed precipitation” and the road was “pitch black.” On his route the speed limit varied between 30 MPH to 55 MPH but Detomi drove at an approximate speed of 15 to 20 because of the weather conditions. The group reached the party safely.

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May Daughter Act as Mandarin Interpreter at Depo of Plaintiff/Mother?

Court Navigates Complex Four-Part Rule Amid a Paucity of Precedent

Zhiwen Yang was a patient of the Dr. Gregory K. Harmon from August 24, 2015, to November 25, 2015, for the treatment of a cataract of the right eye. During that period, Harmon performed an operative procedure to remove the cataract. Following that procedure, Harmon allegedly prescribed medications to Yang, including Ketorolac. Yang allegedly sustained injuries including loss of vision in her right eye.

In April 2017, Yang, and her husband, Keping Qu, suing derivatively, commenced an action to recover damages for medical malpractice and lack of informed consent against, among others, Harmon and his medical practice, Gregory K. Harmon, M.D., P.C. The Yangs alleged that Harmons departed from the accepted standard of care in providing pre-operative, operative, and post-operative care, and prescribed contraindicated medications for Yang, without informing her of the risks, potential adverse reactions, or alternatives.

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Patron Injured at Drake/Live Nation Concert at Madison Square Garden

Was Live Nation/MSG Liable for Bottle Thrown from Crowd?

Amanda Giovacco, an audience member, alleged that she was injured while attending a concert at Madison Square Garden. Aubrey Drake was the featured performer. Giovacco was hit in the head by an aluminum bottle thrown from the crowd. Litigation ensued. MSG and Live Nation moved to dismiss the complaint. Giovacco moved for summary judgment.

Live Nation, as promoter and producer of the concert, entered into an agreement with Drake’s production company, Away From Home Touring, Inc. The contract required Live Nation to provide security for the event. Live Nation also entered into a license agreement with MSG, the owner and operator of the Garden. Pursuant to the license agreement, Live Nation was allowed to use the arena for the concert and MSG was to provide security officers for the event.

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Flatiron Hall Bar & Grill Door Slams on Patron’s Finger

This was originally published on the SGR Blog.

Was Resulting Injury Caused by Tavern’s Negligence?

Reisa Forster suffered injuries when the door of the bar and grill known as Flatiron Hall, owned by 38 W. 26th St. Restaurant Corp., allegedly slammed on her right ring finger. The bill of particulars alleged that Flatiron failed to maintain the door, which was heavy, causing it to slam back on Forster’s hand.

Flatiron Hall moved for summary judgment dismissing the complaint, arguing that the door was not defective. Further arguing that there was no notice of any alleged defective condition and that Forster’s conduct was the sole proximate cause of her injuries. In support of the motion, Flatiron Hall submitted copies of the pleadings, transcripts of the parties’ deposition testimony, an affidavit of Brian Golding, manager of Flatiron Hall, and an expert affidavit of Steven McEvoy, an engineer.

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