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”

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.
Continue reading “Second Department Finds Wantagh Bar Is Not Liable For Death from a Fight Outside of Premises”