Publications
Injury on Work Premises Still Considered Outside Scope of Employment
The petitioner appealed from the order of the Division of Workers’ Compensation dismissing his petition for benefits based on lack of compensability.
Case Law Alerts, 3rd Quarter, July
Superior Court of New Jersey, Appellate Division Affirmed Entry of Summary Judgment Which Held That Defendant Utilized the Cable on the Property Which Caused Personal Injury for a Legitimate Business Purpose
The plaintiff brought an action against the defendant for injuries sustained when the plaintiff struck a steel cable while riding a dirt bike on the defendant’s property after business hours.
Case Law Alerts, 3rd Quarter, July
Court Error on Sloping Stairs Leads to Summary Judgment Reversal
In an action to recover damages for personal injuries, the plaintiff appealed from an order granting the defendant’s motion for summary judgment.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Modified the Court’s Order by Deleting the Provision Denying the Plaintiff’s Motion for Summary Judgment
The plaintiff was struck by the defendant’s vehicle as she crossed the street. The plaintiff established, prima facie, that she crossed in the crosswalk and had the pedestrian signal in her favor.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Affirmed the Supreme Court’s Grant of the Plaintiff’s Motion for Summary Judgment on the Issue of Liability
In Peterson, the defendant’s vehicle struck the plaintiff’s when the defendant attempted to take a left turn onto an unmarked, one-way street and found that a third vehicle was exiting the same street.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Affirmed Superior Court’s Decision to Deny Plaintiff’s Motion for Summary Judgment Against Defendant’s Affirmative Defense Alleging Culpable Conduct and Comparative Negligence
In Mora, the defendant’s tractor-trailer collided with the plaintiff’s vehicle when the defendant took a left turn. In order to be entitled to summary judgment, the plaintiff must establish her own freedom from comparative negligence.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York Held That the Release Executed by Plaintiff Has No Legal Effect and Is Vacated
The plaintiff filed a suit after the defendant backed up her vehicle and struck the plaintiff’s vehicle.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Affirmed the Supreme Court’s Order Granting the Defendant’s Motion for Summary Judgment Dismissing the Complaint
In Hernandez, the plaintiff alleged he was injured by a vehicle operated by the defendant upon entering the street.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Reversed Jury Verdict to Dismiss Complaint, Finding the Supreme Court Exercised Improper Discretion in Precluding Testimony of an Expert Witness
In Deliz, the plaintiff presented an expert witness to testify that the most likely cause of the motor vehicle accident was that the defendant had drifted into the plaintiff’s lane, thereby causing the accident.
Case Law Alerts, 3rd Quarter, July
Applicability of the “Relation-Back Doctrine”
An auto accident occurred on October 23, 2018, in Newark, Ohio. On October 22, 2020, the appellants—Jon Emory, Caleb Emory and Tina Emory—filed a complaint against the defendant, Bailey.
Case Law Alerts, 3rd Quarter, July