School failed to provided heightened supervision in gym class and their motion for summary judgment was denied.
Continue Reading School failed to prove it provided heightened supervision in gym class
Personal Injury/Negligence
Please check out my new blog negligenceatty.com
By Kevin Sheerin on
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Please check out my new website/blog at www.negligenceatty.com/blog
Two youths’ motion to dismiss complaints against them in personal injury case denied
By Kevin Sheerin on
Posted in Personal Injury/Negligence
Regis v. Condoleo
Plaintiff Naomi Regis is seeking to recover damages from the defendant youths, Antonio Condoleo, Christian Wright and Donald Schumacher and their parents for injuries she sustained when she was struck in the face by a model rocket while stopped at a stop sign in Freeport, New York. Plaintiff Marie Regis is seeking…
Decision to permit late notice of claim in lacrosse accident reversed
By Kevin Sheerin on
Posted in Personal Injury/Negligence
Matter of Monfort v Rockville Centre Union Free School District
Infant petitioner was running laps around the track at South Side High School in Rockville Centreduring a girls’ varsity lacrosse team practice when she was allegedly “blind-sided by a flying discus”. Petitioner was seeking to impose liability on the school district based on a theory…
Motion for summary judgment granted in case involving a physical education incident
By Kevin Sheerin on
Posted in Personal Injury/Negligence
Rosenthal v Arlington Central School District
Defendant moved for summary judgment dismissing plaintiff’s complaint against school for an alleged injury on school grounds. The infant plaintiff was allegedly injured while participating in a baseball game during gym class. The students were playing with a foam-like ball and a foam bat with a plastic handle. While…
NYCTA fails to plead that it neither knew of nor created ice condition-summary judgment denied
By Kevin Sheerin on
Posted in Personal Injury/Negligence
School-related personal injury damages dismissed
By Kevin Sheerin on
Posted in Personal Injury/Negligence
Diana Hallock v Riverhead Central School District
Defendant appealed an order from Supreme Court denying its motion for summary judgment dismissing the complaint, an action to recover damages for personal injuries sustained on a school bus and at school. The defendant established its entitlement to judgment by submitting evidence proving no actual or constructive notice…
Family of sanitation worker denied damages for alleged wrongful death
By Kevin Sheerin on
Posted in Personal Injury/Negligence
Diane Consalvo v City of New York
The decedent was a New York City sanitation worker. He was employed with the Department of Sanitation for ten years and his duties included picking up and disposing of dead animals. In 2000 the decedent was instructed to remove a dead cat from the roadway and in the…
Rite Aid motion to place liability on New York City in personal injury case denied
By Kevin Sheerin on
Posted in Personal Injury/Negligence
Fernandez v. City of New York
Defendant, Rite Aid, moved for an order dismissing plaintiff’s slip and fall complaint, alleging that the City of New York was on notice of the broken sidewalk and should be responsible for fixing it.
Administrative Code of NYC states that the property owner is responsible for maintaining the sidewalk…
Personal injury case due to malfunctioning traffic light dismissed
By Kevin Sheerin on
Posted in Personal Injury/Negligence
Munoz v City of New York
Plaintiff, New York City Police Officer Andres Munoz alleged that his police car was stuck by Defendant, Washington Vera, when responding to an emergency. Defendant, Petrocelli Electric Co., Inc. moved for summary judgment claiming that no issues of triable fact exist.
Vera entered into the intersection while the light…