Gunshot Victim

In Kelly v. Norgate Business Associates, a case that originated in the Bronx Supreme Court and went up on appeal, a gunshot victim was able to proceed to a jury trial in his action to recover damages against the building owner and its security company after he was shot in an apartment building lobby. The victim was visiting a friend in the building. When he entered he found the locks broken and the security guard never asked him to sign in. There was a group of 10 to 12 men in the lobby near the guard. When the victim left the the building, a fight broke out and the victim was shot, while the guard did nothing but call police only after shots were fired. The Appellate Division ruled that the victim may recover as a third-party intended beneficiary of the security contract between the building owner and the security company where there was evidence that security officers were to safeguard lives and not just property. It also noted the building owner may also be found liable as a jury may find the assailant was an intruder who entered and exited the building through the broken doors. www.foleygriffin.com

Notice of Claim Against Town Must Be Specific

In Godwin v. Town of Huntington, the Second Department Appellate Division threw out the lawsuit and claim of Ms. Godwin who was injured in an car accident with a vehicle owned by the Town of Huntington. In almost all cases against a government, like the Town of Huntington, the law is clear (General Municpal Law Section 50-e). A a Notice of Claim must be filed with the government within 90 days from the date of the accident/incident. Only when the governenment has actual knowledge of the essential facts of the claim will the courts allow an extension of the time period after 90 days, but not past 1 year and 90 days. The Court held in this case that the claim must be dismissed because the Notice of Claim was filed 99 days after the accident and not within the 90 days as required. The Court also mentioned that there would be no extension of the time to file because the Notice of Claim did not mention the essential facts of the accident, and the police report that the town did receive within the 90 days did not mention any of the claims of negligence alleged by Ms. Godwin. www.foleygriffin.com

Family Gets $29M for Fatal Crash Caused by Overloaded Truck

In Estate of Malkin v. Transport Expressway Inc., an Orange County New York jury awarded over $29 million to a family that was involved in a fatal motor-vehicle accident on the New York State Thruway on January 25, 2002. The plaintiff driver was driving on the northbound side of the New York State Thruway, near an underpass that crossed beneath Pleasant Hill Road, in Mountainville, New York. The plaintiff driver's husband was a front-seat passenger and the couple's 15 year old daughter was a rear-seat passenger. At the time of the accident, a trucker in front of the family attempted to travel beneath the overpass, but the truck's payload struck the underside of the overpass causing a freight container to fall off the truck and shatter on the highway. As the plaintiff driver tried to avoid the container, the family's vehicle was hit by a second truck causing it to go off the highway, killing the husband injuring his wife and daughter. The jury found that the accident was caused by negligent overloading of a tractor-trailer. www.foleygriffin.com

Lawsuit Dismissed Against Driver Caught in Car Chase

In Pisciotto v. LaRocque, a driver, caught in the middle of a speed race that ended in a three-car accident, was found not to be negligent in a lawsuit brought by his passenger. The driver was going down Town Path Road in Glen Cove when two vehicles pulled up alongside, flanking him. The court found that the testimony plainly showed a speed race, where both racers simultaneously attempted to pass the driver. One of the racers collided with the driver, then hit the other racer before crashing into a tree. The court held that mere speculation that the driver failed to take accident avoidance measures, such as braking or steering away, was not enough to keep him in the lawsuit. http://www.foleygriffin.com/

Slip & Fall Accidents in New York State

Slip & Fall Accidents: As attorneys practicing in the field of personal injury in New York City and Long Island, we have many clients who have been injured in slip, trip and fall accidents. The first thing that we advise our clients at their initial interview, is the current applicable law in New York State. In order for a victim of a slip, trip and fall accident to be successful, she must submit to the Court that is hearing her case, sufficient evidence to create "a triable issue of fact" of whether or not the defendants either created the defective condition that caused her to fall or had actual or constructive notice of the defective condition. This can be proven by evidence that the defendants actually created the condition, or that they actually knew about the exact condition that made the victim fall. The victim may also prove this "notice" requirement by submitting evidence that an ongoing and recurring dangerous condition existed in the area of the incident, which was routinely left unaddressed by the defendants. This does not have to be the exact condition that the victim fell upon. If the victim does establish a condition was continuously present, the defendants may then be charged with notice of each specific re-occurrence of the hazardous condition. These rules are applied once the victim has successfully identified the proper defendants and followed all the legal requirements to effectively prosecute a civil case against them. As in most areas of the law, there are exceptions to these rules. It takes a cautious practitioner to identify and pursue all the proper parties and arguments in a slip, trip and fall case. www.foleygriffin.com