Collazo v Metropolitan Suburban Bus Authority

In this New York accident case, plaintiff, Joehau Collazo, appeals against a decision in favor of defendants Metropolitan Suburban Bus Authority and moves for a new trial. In October 2007, defendants were granted a motion for summary judgment dismissing the action against them leading to this appeal.

In April 2002, plaintiff contends he was walking in the eastbound crosswalk of Hillside Avenue and 167^th Street when he was struck by a defendant MTA/Long Island Bus Company bus moving in the left turn lane in the westbound direction of Hillside Avenue. Plaintiff sustained injuries including broken bones and a traumatic brain injury resulting in permanent cognitive and emotional deficits. Defendants allege that plaintiff ran across the westbound traffic lanes between 166^th and 167^th Streets and then ran into defendants’ bus closer to 166^th Street.

Plaintiff argues that the Verdict should be set aside for two reasons: the Court gave an erroneous instruction on the law and the Verdict was against the weight of evidence. According to the plaintiff, the Court erred in permitting the jury to consider defendants’ conduct in two different ways, using Vehicle and Traffic Law and New York City Traffic Regulations. Upon reviewing the circumstances, the Court found no basis to set aside the Verdict based on the Court’s instructions to the jury.

Concerning plaintiff’s claim that the weight of the evidence establishes that defendants’ bus entered the intersection of 167^th Street and Hillside Avenue against a steady red light and then came into contact with plaintiff as he was walking in the eastbound crosswalk of Hillside Avenue, the Court has reasonable doubt that the plaintiff ran into the side of the bus per the defendants’ theory. Multiple testimonies support plaintiff’s version of the accident and based on the testimonial evidence, the Court feels that the Verdict was against the weight of the evidence.

Accordingly, the Court set the Verdict aside and required a new trial be set.

If you need a lawyer to represent you in your New York accident case, please contact Kevin P. Sheerin toll free at 888-998-9984.

Smith v Village of Rockville Centre

In this New York accident case, the plaintiff, Lisa Ann Smith, tripped and fell over uneven brick on a public sidewalk in the Village of Rockville Centre. Plaintiff brought about an action to recover damages for personal injuries she sustained due to her fall. The defendant, Village of Rockville Centre, made a motion for summary judgment to dismiss the complaint which the Supreme Court denied. They then appealed this decision.

The Village provided evidence demonstrating that they lacked prior written notice of the dangerous condition in the sidewalk in order to make a prima facie showing of entitlement to judgment. The plaintiff attempted to raise a triable issue of fact regarding the applicability of the “affirmative negligence exception” to the statutory rule requiring prior written notice but failed to produce evidence proving that work done by the Village’s contractor immediately caused the uneven brick condition.

Accordingly, the Court reversed the order, with costs, and granted appellant’s motion for summary judgment dismissing the complaint.

If you need a lawyer to represent you in your New York accident case, please contact Kevin P. Sheerin toll free at 888-998-9984.

Yesterdays Wall Street Journal told the distressing story of how more drivers are dropping their insurance coverage with the deeping financial crisis. New York car accident victims can resort to MVAIC for minimal coverage if struck by and uninsured motorist but the coverage usually afforded is minimal and would usually not compensate someone for a serious injury. To read the entire story click here.

Christian v Railroad Deli Grocery
2008 NY Slip Op 09743
Decided on December 9, 2008

When a woman slipped on ice coming out of a deli she sued for her injuries. The deli’s attorneys claimed that they did not have notice of the icy condition and made a motion to dismiss the case. Judge Weber of Suffolk County Supreme Court granted the motion and the Plaintiff appealed. The Appeals Court decided that there were triable issues of fact whether the deli was negligent in failing to have a handrail installed were the plaintiff fell because she tesitified at a deposition that when she fell she attempted to reach out and grab for something to hold onto. Futhermore, a jury should be allowed to decide if the absence of the handrail was a proximate cause of her injuries. Read the case here

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Matter of Ruffino v City of New York

Petitioner brought about this appeal from an order of the Supreme Court denying her petition for leave to serve a late notice of claim in connection to injuries she sustained when she tripped and fell over a wooden board on a boardwalk under New York City jurisdiction.

Petitioner served a timely notice of claim on the New York City Transit Authority but later was apprised that the City had jurisdiction over the area where she fell not the Transit Authority. Petitioner’s attorney promptly commenced this proceeding after verifying that the wrong entities were served. Petitioner was able to show that the delay in serving the notice of claim did not prevent the City from maintaining its defense on the merits. Even though the wooden board that caused petitioner’s fall was repaired less than one month after the accident, she took photographs of the defect on the day of the accident. Due to repairing the board, the City would not have been able investigate the site of the defect more effectively if it had been timely served 90 days after the incident.

Accordingly, the Court reversed the order and granted the petition.

Matter of Ruffino v City of New York (2008 NY Slip Op 09605)

Arias v City of New York

In this action to recover damages for personal injuries, defendants Danny Cheung and Annie Lee appeal from an order of the Supreme Court denying their motion for summary judgment.

Plaintiff, Ernesto Arias, brought about this action to recover damages for injuries sustained in an automobile collision at an intersection. According to his deposition testimony, defendant was driving his vehicle into a four-way intersection. He stopped his car at the stop sign, looked both ways, saw no traffic and proceeded into the intersection. Plaintiff testified that the stop sign governing his entry into the intersection was “erased” and that he drove into the intersection without slowing or stopping and collided with defendants’ vehicle.

Defendants made a motion for summary judgment dismissing the complaint and the Supreme Court denied it. They then commenced this appeal. Cheung and Lee established that Cheung lawfully entered the intersection before plaintiff after determining the way was clear and therefore defendant had the right-of-way. The plaintiff failed to raise a triable issue of fact in opposition and failed to establish he has the right-of-way.

Accordingly, the Court reversed the order, with one bill of costs payable by respondents, and granted appellants’ motion for summary judgment dismissing the complaint.

Arias v City of New York (2008 NY Slip Op 09541)

Venezia v State of New York

This appeal was brought about by claimant Damian Venezia to review the order by the Court of Claims granting defendant, the State of New York’s, motion for summary judgment dismissing the claim to recover damages for personal injuries.

According to Labor Law § 241(6), an owner or general contractor must provide reasonable and adequate protection to workers on the premises but claimant must establish a breach of a rule in order to establish liability under this law. The plaintiff failed to raise triable issues of fact in regards to whether 12 NYCRR 23-1.7(e) was violated and with respect to his reliance on 12 NYCRR 23-2.1. Under Labor Law § 200, it must be proved that the general contractor accused of alleged defects or dangers in the methods or materials of the work had the authority to supervise or control the performance of the work. The defendant submitted testimony that proved it had no authority to supervise or control the performance of claimant’s work and again plaintiff failed to raise a triable issue of fact in opposition.

Accordingly, the Court affirmed the order as appealed from, with costs.

Venezia v State of New York (2008 NY Slip Op 09587)

The National AG Saftey Database has an interesting website about the mechanisms that cause slip and fall injuries. The website can be accessed here: http://www.cdc.gov/nasd/docs/d000001-d000100/d000006/d000006.html

Please visit my website http://www.sheerinlaw.com for more information about the services I offer for accident victims.

Kelley-Blake v. City of New York & Keyspan 2008 Slip Op 09359

The Plaintiff Kelley-Blake fell in the roadway where Keyspan admittedly did work two years prior. Keyspan filed a motion for summary judgment that they were not liable for the injury. The Court denied Keyspan’s motion and held that Keyspan failed to provide sufficent evidence that they were not liable for the plaintiff’s injuries. The Appellate Division, Second Department decision can be read here:

http://www.nycourts.gov/reporter/3dseries/2008/2008_09359.htm

Smith v Town of Brookhaven

This appeal was brought about by defendants, Town of Brookhaven, to review the determination denying its motion for summary judgment dismissing the plaintiff’s complaint. Plaintiff is pursing an action against the Town of Brookhaven to recover damages for personal injuries due to an alleged negligent design and/or construction of a roadway on which plaintiff was driving when she was in a motor vehicle accident, and the failure to post warning signs. The Court found that defendant failed to meet the initial burden of establishing entitlement to judgment as a matter of law.

Accordingly, the Court affirmed the determination, with costs.

Smith v Town of Brookhaven (2008 NY Slip Op 09065)