SUBCONTRACTOR FOR MOLDING REPLACEMENT NOT LIABLE FOR DEATH OF WINDOW WASHER
Summary judgment was granted on behalf of a molding contractor who replaced molding in apartment of owner. The plaintiff window washer hooked up his safety equipment to a bolt anchor to clean the outside of the window. However, the bolt had been cut and the window washer fell to his death. The court found no issue of fact as to molding contractor not cutting the bolt anchor.
Domazowec v. Green paint, Supreme Bronx, Index No. 310564/08, December 18, 2013 (Summary Judgment prepared by Paul Goodovitch)
SUMMARY JURY TRIAL – DEFENDANTS VERDICT ON ISSUE OF THRESHOLD
After an agreement on a 50/50 liability split, the case was tried on the issue of “serious injury”. Plaintiff, a passenger in co-defendants vehicle, claimed permanent injuries including bulging discs in neck, tear of rotator cuff, meniscal tear, all with no surgical intervention. The jury found the injuries not serious and found for the defendants.
Duroseau v. Bradley, Supreme New York, Index No. 113506/20, November 19, 2013 (Case tried by Marc G. Schultz)
LACK OF EVIDENCE OF VICIOUS PROPENSITY OF DOG MANDATES DISMISSAL
The Appellate Division, Second Department ruled on Appeal that the defendants Shih-tzu had no vicious propensity. The court overruled a lower court decision holding that the dog circling in the plaintiff “like prey” was not sufficient to establish vicious propensity with no other evidence. Sareyany-Coffey, Appellate Division Second Department, Docket No. 2012-07349, November 19, 2013. (Appeal briefed and argued by Henry J. Cernitz)
BROKEN STEP RULED A LATENT DEFECT AND NOT ACTIONABLE
Plaintiff fell as a result of a step breaking due to an unseen screw that failed. The Appellate Division reversed a lower court decision that found an issue of fact on notice. The court ruled that a screw that cannot be seen or inspected by an ordinary layman cannot be a basis for liability if it fails as it is a latent defect.
Hoffman v. Brown, Appellate Division Second Department, 109 AD 3d 791, September 11, 2013. (Appeal briefed and argued by Henry J. Cernitz)
WRONGFUL DEATH, SETTLEMENT OF POTENTIAL LABOR LAW CASE
Plaintiff, a 40 year old fireman married with two young children, fell off a ladder while moonlighting and installing a solar panel system on the defendant’s home. At issue was the supervision and control of the Plaintiff by Defendant while installing the panels. The case was about to be tried when the matter was settled for $410,000. Plaintiff’s economist had estimated future damages and pecuniary loss at well over $4,000,000.
Orlando v. Mattera, Supreme Court, Nassau County, Index No. 22278/10
(Settled January 8, 2014 by Raymond McAlonan and Henry Cernitz)
CRUISE SHIP ACCIDENT, JURY VERDICT AFTER TRIAL
Plaintiff, while walking on a jogging track on a cruise ship, was accidentally hit on the back of her foot by the Defendant when moved aside to avoid a lounge on the deck that was in the jogging track. Plaintiff suffered a fractured elbow, substantial surgical scarring, and a fractured hip. After trial, a verdict was rendered finding the cruise ship 20% responsible and the individual Defendant 80% responsible. The verdict on damages was $80,000, subsequently raised by the Court to $150,000.
Pogoda v. Meyers and Royal Carribean, Civil Court, New York County, Index No. 30564/10, February 19, 2010
(Case tried by Robert M. Bridges)
HOUSE FIRE, SUBROGATION RECOVERY, $315,000
The sum of $315,000 was recovered as a result of house fire. The Plumber drilled a three inch conduit hole through a wall, and served an electrical wire causing the fire.
New York Central Mutual a/s/o Arthur v. Richard Martino Plumbing, Supreme Court, Suffolk County, 34486/12
(Case settled by Gary R. Schwartz)
COMMERCIAL BUILDING FIRE, SUBROGATION RECOVERY
$194,000 recovered for an insurer that insured a commercial building as a result of fire caused by spontaneous combustion that destroyed five buildings in Baldwin, New York. A pizza parlor had stored rags previously washed in bleach and water in plastic bags in a non-operating freezer chest, the rags spontaneously combusted causing a major file.
New York Central Mutual v. CP & PG, Supreme Court, Nassau County, 005598/11, Settled November, 2013
(Settled by Gary R. Schwartz)
TRIVIAL DEFECT ON SIDEWALK, SUMMARY JUDGMENT
Plaintiff fell on a New York City sidewalk. At her deposition she indicated the elevation between the sidewalk flags was about an “inch”. The day was sunny and there was little pedestrian traffic with nothing obstructing Plaintiff’s view. The Court ruled that there was a trivial defect, with no trap like condition and granted summary judgment to the Defendant.
Chiquito v. Barone and Sons Realty, Supreme Court, Queens County, 27220/09, February 15, 2011
(Motion prepared by Henry Cernitz)