Amazon Found Subject to Strict Products Liability

A Third Circuit panel of Judges held that a products liability lawsuit may continue against the global giant Amazon.  Over the past couple of years, Amazon has faced products liability lawsuits and has been successful in arguing that they are not liable for products liability actions stemming from sales of their third-party sellers. While most products liability claims are typically determined by state law, Amazon’s safe haven with regards to products liability claims is now under fire in several states. Continue reading “Amazon Found Subject to Strict Products Liability”

Second Department Grants Demand for Cell Phone Records in Motor Vehicle Accident Case

On July 24, the Appellate Division, Second Department issued a ruling upholding the denial of a protective order with respect to cell phone records. The case arose from a 2017 accident in Levittown, New York after a motor vehicle struck a pedestrian as they were crossing the street.  The accident occurred at approximately 6:00 p.m. The driver of the motor vehicle left the scene. They then denied any involvement in the accident. Several months later, the pedestrian brought an action against the driver to recover damages for personal injuries he allegedly sustained as a result of the accident. Continue reading “Second Department Grants Demand for Cell Phone Records in Motor Vehicle Accident Case”

Second Department Rules Against Owner of Local McDonald’s in Premises Liability Case

A unanimous panel of Second Department Justices upheld the decision of a lower court denying summary judgment in favor of the national food chain McDonald’s. The case was initially brought in the Supreme Court of Kings County after an individual was hurt in a McDonald’s main lobby.  The Plaintiff was standing in line waiting to order when two women behind him began to fight.  The man then attempted to break up the fight, and, following his intervention, onlookers began to assault him.  The Plaintiff brought the claim against the individual for the injuries suffered, along with the owner of the local McDonald’s for a failure to provide adequate security at the subject premises. Continue reading “Second Department Rules Against Owner of Local McDonald’s in Premises Liability Case”

Court of Appeals Finds that “Stairway” was the Functional Equivalent of a “Sidewalk”

In the case of Hinton v. Village of Pulaski, a majority of the New York Court of Appeals found that a stairway is a functional equivalent to a sidewalk as it pertained to local village law.  The case arose out of a fall that the plaintiff had while descending an exterior stairway leading from a municipal parking lot to a public road. The plaintiff did not provide written notice of the fall to the Village, but subsequently commenced an action against the Village.
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Second Department Upholds Trial Court’s Decision to Not Vacate Dismissal

When New York State Court of Appeals Chief Justice, Janet DiFiore, assumed her position, she set the goal of reducing the backlog of cases across the state.  In the case of Melendez v. Stack, the Second Department decided in line with that goal in refusing to vacate a dismissal after a Plaintiff’s attorney did not have a reasonable excuse for their failure to proceed to trial.
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Second Department Reverses Trial Court’s Decision in Products Liability Case

The Appellate Division Second Department reversed an Order of the Supreme Court, Richmond County, denying the defendants’ motions for summary judgment in a products liability case. The case involved a food preparation worker at a restaurant who lost several fingers in a cheese grater.  The worker intended to dislodge a piece of cheese from a cheese grater by placing his fingers in the hopper of the grater without turning it off.  The plaintiff’s fingers then struck the spinning blade of the grinder, causing him to sustain the loss of several fingers. The plaintiff then commenced an action against the restaurant, its owner, as well as the distributor and seller of the meat grinder.
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First Department Finds IME Observer’s Notes are Privileged

On March 19, 2019, the Appellate Division First Department issued a decision in which they held the notes of an IME observer were privileged.  The Court’s decision settled the variance between the trial Courts of whether the notes of an IME observer are protected by the attorney-client privilege. In the case of Markel v. Pure Power Boot Camp, Inc., the Plaintiff sought damages for a knee injury she sustained while participating in an exercise drill at defendants’ gym.  As part of the discovery process, the Plaintiff was asked to appear for an independent medical exam (IME) by an orthopedist to ascertain the extent of her injuries, if any.
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First Department Expands Discovery of Social Media Accounts

Just last year, the New York Court of Appeals ruled in the case of Forman v. Henkin, that a litigant’s public posts on Facebook were subject to discovery.  The decision was based on the premise that any limitation on the discovery of social media accounts would run counter to New York’s “tradition of liberal discovery.” On January 24, 2019, the First Department expanded on that premise.
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New York Courts Recognize Validity of Biomechanical Experts

In the age of developing technology, biomechanical experts have more tools at their disposal when examining how a motor vehicle accident may have occurred.  In general, biomechanics is the science of how the human body responds to applied external and internal forces.  In litigating a motor vehicle accident, a capable biomechanical engineer may be able to examine specific injuries and use reverse engineering to determine if the event in question caused the purported injuries.
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Second Department Finds Wantagh Bar Is Not Liable For Death from a Fight Outside of Premises

On December 26, 2018, the Appellate Division Second Department upheld the dismissal of a wrongful death suit against a Wantagh bar.  The case involved a 2012 fight in a public roadway outside of Shoooters Tiki Bar & Sports Grill between a Levittown volunteer firefighter and another man.  The firefighter suffered brain injuries in the fight and was in a coma for 17 days before passing. The criminal trial against the other man resulted in an acquittal due to a self-defense claim.  However, the executor of the firefighter’s estate brought a civil claim against Shooters, claiming that they owed a duty to prevent harm to the firefighter.
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