New York Injury Lawyers Blog

The New York State Appellate Division, First Department, determined that summary judgment was properly denied in a recent case involving a slip-and-fall accident. The Plaintiff, Sentina Brown, and a co-worker provided testimony to the effect that, at the time of the accident, Ms. Brown slipped in water, that no warning signs were in place, that it was not raining and no water was leaking from the ceiling, and that Defendant's employee was standing nearby with a mop and bucket.

Ms. Brown's co-worker further testified that he saw the management company's employee mop the lobby at around the time of night the accident occurred. The First Department held that this evidence presented triable issues as to whether the management company created the condition upon which Plaintiff slipped. Defendant's presentation of evidence about its general cleaning practices and the schedule of its employee was insufficient to overcome Plaintiff's arguments. The management company had taken the position that the employee did not mop the lobby until three hours after the accident.

If you or a loved one has been injured in a slip and fall accident, please contact the New York Personal Injury Attorneys at Gallivan & Gallivan.

Brown v. Simon Dev. Co., 83 AD3d 544 (2011 1st Dept.).

The New York Appellate Division, Second Department recently held that in a slip-and-fall case, the plaintiff's inability to identify the cause of the fall is fatal to the case because any finding of negligence and its causal connection to the injury would be based on speculation.

At his deposition, the plaintiff was asked if he slipped because the step was slippery or because of a crack in the step. The plaintiff responded, "I really wouldn't know to tell you. I just put my foot forward and stepped on something and I flew in the air. So, I don't recall seeing or feeling anything." When the plaintiff was asked whether his right foot ever touched the second step, he replied, "I don't know exactly. I don't recall what happened. I think it did. I don't know."

The Court reasoned that because it is just as likely that the accident could have been caused by some other factor, any determination by the trier of fact as to the cause of the accident would be based upon guesswork. The Court further dismissed the plaintiff's expert engineer's report which alleged there were unsafe conditions in the staircase where the fall occurred since plaintiff failed to present any evidence connecting these alleged violations to the fall/injuries.

Rajwan v. 109.23 Owners Corp., 2011 NY Slip Op. 02649, 82 Ad3D 1199 (2d Dept 2011)

The Supreme Court Appellate Division (Second Department) recently rejected the defendant's arguments for summary judgment in Bloomfield v. Jericho Union Free School District a Long Island premises liability negligence case. The court ruled that the defendant school district did not meet its prima facie burden of proof for summary judgment.

The facts of the case are straight-forward. A young female student climbed atop an outside mat during gym class. While on the mat, the student's foot became caught in a tear in the mat, causing her to fall to the ground. The gym teacher, a substitute, was not near the girl when the fall occurred.

The defendant school district moved for summary judgment to dismiss the cause of action for premises liability (negligence). In such a motion, the burden of proof rests with the defendant to prove that it (the defendant) did not create the hazardous condition and was unaware of the condition's existence. If the condition is "open and obvious," a defendant has no duty to warn of the condition.

The Second Department ruled that the school district failed to establish that it did not have notice of the tear in the mat. The district also failed to establish that the tear was open and obvious. Because both of these issues present questions of fact, the court ruled that the matter could not be summarily dismissed.

Additionally, the court found that the defendant failed to establish that no questions of fact exist regarding the negligent supervision cause of action. The suit will now proceed to trial.

Bloomfield v. Jericho Union Free School District, 80 A.D.3d 637 (2d Dept. 2011).

A 79 year old Manhattan woman recently reached a pre-trial settlement for $300,000 after tripping and falling outside the defendant's building, breaking her humerus. The plaintiff cited a 15/16ths of an inch height differential in sidewalk flags outside the defendant's building. Settlement was reached despite contention from the defendant that he had no notice of the minimal height differential. Prior notice, whether actual or constructive, must be proven by a plaintiff in order to prevail in a slip and fall case.

One possible motivation for settlement for the defendant was the plaintiff's claim of permanent disability due to the resulting fracture after the fall. Regardless of motivation, the case is now settled, and certainly the defendant can now consider himself on notice about the height differential in the sidewalk outside his building.

Website Resource:

jvra.com

A 48 year-old male postal employee was recently awarded $224,000 by a Nassau County, NY jury for injuries sustained in a slip and fall accident. Plaintiff claimed he tripped over an open sidewalk cellar door as he was exiting the defendant's commercial premises.

He had just delivered mail to the property. The sidewalk cellar door was located approximately one foot from the store entrance. The plaintiff maintained that the cellar doors had been closed when he entered the store. The plaintiff suffered multiple injuries including a deep laceration that required surgical repair, multiple disc herniations, and a torn medial meniscus.

Website Resource:

New York Jury Verdict Review and Analysis (158631) Nassau County, NY

Amir Zeqiri, 17, a Central Islip, NY resident, drowned in a bizarre incident. The tragedy occurred when the teenage employee went behind the Smithtown, NY Dunkin' Donuts to empty the garbage and fell into the open cesspool. After not returning to work, Zeqiri's younger cousin when out to investigate and noticed the boy flailing around in 8 feet of filthy water. He ran for help. Upon returning the boy had slipped beneath the surface.

Amir Zeqiri was fished out the filthy cesspool and rushed to the nearest hospital where he later died.

Dunkin' Donuts and its employees expressed condolences for the boy's tragic death. The hole Zeqiri reportedly fell into was not covered with a manhole. A personal injury and/or wrongful death may be initiated against the entity charged with the duty of maintaining the premises.

Website Resource:

Teen dies after falling into open cesspool outside of Long Island Dunkin' Donuts, Daily News, Corky Siemaszko, March 1, 2010.

According to a Journal News report of January 1, 2010, the cause of death of young Bronxville girl, Mihoko Fukuzawa, is still unknown. However, officials believe that she may have accidentally slipped on a slushy, icy patch of sidewalk and fallen on a rock in front of the Christ Church in Bronxville on Dec. 23, 2009. Authorities, who have not officially ruled out foul play, suspect that the Bronxville teen fell onto the rock that was lying to the left of her path as she was walking to mail a Christmas card on Sagamore Road. The rock measured about a foot high and a couple of feet wide.

The Westchester Medical Examiner notes that Fukuzawa suffered a lacerated liver caused by blunt force trauma. It is plausible that the injury occurred when her midsection slammed into the rock. A funeral was held for the girl on Wednesday.

Continue reading "White Plains Accident Lawyer Report: Bronxville Girl May Have Slipped & Fallen On Ice/Slush" »

A 45 year-old male reveler claimed that he slipped and fell on the defendant's sidewalk that was covered with snow and ice. Plaintiff contended that his fall was caused by snow that had been cleared and piled, which then melted, made its way back onto the sidewalk and re-froze (creating a hazardous condition). Defendant claimed that the plaintiff's drinking had caused the accident.

The fall occurred as plaintiff passed defendant's property, an outdoor parking lot on Ogden Avenue in the Bronx. As a result, plaintiff suffered a fracture in his foot that required surgical intervention. The plaintiff admitted that he had been drinking that night.

The Bronx jury awarded plaintiff $150,000.

Plaintiff, a 45 year-old butcher, slipped and fell while working at a New York grocery store. He allegedly fell on a solvent applied to machinery by an employee of the defendant owner of the store. The liquid reportedly dripped onto the floor after it was applied. Plaintiff alleged that the employee failed to properly apply the solvent and that the owner had failed to abide by its own protocols.

Plaintiff sustained a torn meniscus of his right knee. As a result of the injury, he could no longer work.

The plaintiff received a jury verdict of $940,000. However, the butcher was apportioned 20 percent of fault for the fall. His net recovery would have been $752,000, but that amount was reduced due to a high/low agreement ($500,000/$100,000) negotiated prior to trial.

If you or a loved one has suffered an injury, contact the New York Personal Injury Attorneys at Gallivan & Gallivan for a free consultation.

Plaintiff, a 53 year-old insulator, allegedly slipped and fell on oil that had leaked onto the ground while working at a Westchester County, NY power plant. This matter recently settled for $650,000 at mediation.

Plaintiff claimed that the owner/operator of the plant, Entergy, was negligent in its maintenance of the premises, and that its negligence created a dangerous condition.

He sustained a herniation of his C5-6 intervertebral disc, fractures of ribs and a tear of one shoulder's rotator cuff. He underwent arthroscopic surgery to repair the rotator cuff and fusion of a portion of his lumbar spine. He has not returned to work and still requires physicial therapy 6 years after the incident.

The attorneys at Gallivan & Gallivan provide effective and aggressive representation to slip and fall victims injured due to negligent maintenance of premises. If you or a loved one has slipped and fallen in the New York area, please contact Gallivan & Gallivan for a free consultation. Our services are provided on a contingency fee basis (we do not receive compensation unless your case is successfully resolved).