Negligence

Defendant Not Liable for Plaintiff’s Auto Accident Injuries In Absence of Objective Proof of Serious Injury

Posted on October 28, 2011

Bowen v. Saratoga Springs City School District et al., N.Y. Supreme Court, Appellate Division, 3d Dept., Case No. 512164, decided October 20, 2011 In New York, a person injured in an automobile accident cannot recover non-economic damages in a negligence lawsuit against the insured driver of the other vehicle unless the injured plaintiff has suffered a “serious injury” as defined in section 5102 of the New York Insurance Law.  In Bowen, the Appellate Division granted summary judgment to the defendantRead More→

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Slip-and-fall Case Dismissed Where Plaintiff was not a Third Party Beneficiary of Snow Removal Contract

Posted on October 25, 2011

Carol Gibson v. Dynaserv Industries, Inc., Supreme Court of the State of New York, Appellate Div., 3rd Dept., Case No. 511962, decided October 20, 2011 On Thursday, the Appellate Division, Third Department, held that a defendant snow removal company hired by the plaintiff’s employer could not be held liable for injuries sustained by the plaintiff when she slipped on ice in her employer’s parking lot.  The respondent/defendant snow removal company had been hired under contract by the plaintiff’s employer toRead More→

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COURT OF APPEALS AFFIRMS LIMITED AVAILABILITY OF ASSUMPTION OF RISK DEFENSE AS COMPLETE BAR TO RECOVERY

Posted on October 6, 2011

Trupia v. Lake George Central School District, 14 NY3d 392 (2010) Last spring, the Court of Appeals clarified the limited availability under New York law of the doctrine of assumption of risk as a complete defense to claims of negligence in suits involving personal injuries.  The underlying facts of the case were straightforward:  a child was injured during a summer program administered by the defendant school district when he slid down and fell off of a banister, and was seriouslyRead More→

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