Category Archives: Personal Injury

This was originally posted on the SGR Blog.

Did Conduct Alleged Support a Claim For Punitive Damages?

Frank A. Nazzarro commenced an action for alleged personal injuries sustained after Anthony Salvatore backed his dump truck into him while at a gas station. Nazzarro then moved to amend the complaint to add a claim for punitive damages due to Salvatore’s “dangerous, reckless and careless manner” in operating the dump truck and his “conscious, wanton disregard for [Nazzarro’s] safety” and the safety of others. Supreme Court granted the motion. Salvatore appealed.

The Court affirmed– finding that Salvatore’s assertion that his conduct did not rise to the level of reprehensible misconduct so as to warrant punitive damages was without merit. The record disclosed that Salvatore was verbally arguing with Nazzarro and his friend. The friend’s vehicle was blocking a pump. According to the friend, he planned on moving his vehicle after putting items away but Salvatore wanted it done immediately. The friend testified at his deposition that Salvatore said, “if you’re not going to move it[,] I’m going to move it for you.”

This was originally posted on the SGR Blog.

Did Conduct Alleged Support a Claim For Punitive Damages?

Frank A. Nazzarro commenced an action for alleged personal injuries sustained after Anthony Salvatore backed his dump truck into him while at a gas station. Nazzarro then moved to amend the complaint to add a claim for punitive damages due to Salvatore’s “dangerous, reckless and careless manner” in operating the dump truck and his “conscious, wanton disregard for [Nazzarro’s] safety” and the safety of others. Supreme Court granted the motion. Salvatore appealed.

The Court affirmed– finding that Salvatore’s assertion that his conduct did not rise to the level of reprehensible misconduct so as to warrant punitive damages was without merit. The record disclosed that Salvatore was verbally arguing with Nazzarro and his friend. The friend’s vehicle was blocking a pump. According to the friend, he planned on moving his vehicle after putting items away but Salvatore wanted it done immediately. The friend testified at his deposition that Salvatore said, “if you’re not going to move it[,] I’m going to move it for you.”

This was originally published on the SGR Blog.

Court Adjudicates Village’s Negligence Liability for Fractured Elbow

On November 2, 2016, Kathleen Noonan was playing doubles tennis on court number 4 at the Garden City Recreational Tennis Complex. The tennis complex is a public facility that is owned, operated and maintained by the Village of Garden City. Noonan testified at her oral deposition that as she was playing tennis, she had to back pedal in an attempt to get in a position to return the ball. She indicated that she back pedaled past the baseline and raised her racket back to hit the ball. At that point, her left foot went into a depression and her heel became caught on a sprinkler head, causing her to fall to the ground. She testified that she was later diagnosed with a fractured elbow, amongst other injuries. Noonan testified that the sprinkler head on which she tripped was located approximately 4/5 of the way from the baseline toward the back screen/curtain.

The Village moves for an Order granting summary judgment and dismissing the complaint on the grounds that: (1) Noonan assumed the risk of injury inherent in the sports/activity of tennis; (2) the Village did not have actual or constructive notice of the alleged defective condition; and (3) the alleged defective condition of the tennis court was de minimus, and thus not actionable.

This was originally published on the SGR Blog.

Were Owner/Managing Agent Liable For Injury?

“Res ipsa loquitur” is a legal principal that concludes that negligence occurred by the mere happening of an event. For example, an object falling from a building and injuring an innocent pedestrian. The elements of the concept are: the defendant was in exclusive control of the situation or instrument that caused the injury; the injury would not have ordinarily occurred but for the defendant’s negligence; and the plaintiff’s injury was not due to his/her own action or contribution. And, as a recent case illustrates, the doctrine applies to common and mundane accidents and injuries.

Entrice Valdez was injured when she was a resident of a halfway home in a building owned by Upper Creston, LLC, and maintained, managed, operated and controlled by Geo Reentry, Inc. and Cornell Companies, Inc. Valdez stepped on a drain cover on the floor. The drain cover then collapsed under her foot, causing her to twist her ankle and fall.

This was originally published on the SGR Blog.

Were Owner/Operators Liable for Injury?

Marcos Illescas alleged in his complaint that he suffered personal injuries after he was allegedly assaulted both inside and in front of a restaurant located at 95-35 40th Road in Queens, City and State of New York. Illescas asserted causes of action for negligent hiring, retention, and supervision against Sabor Latino I, Corp., Sabor Latino Corp., Sabor Latino Events Corp., Sabor Latino Lounge, Inc. and “ABC Security Company” (a fictitious name, real name unknown).

The Sabor’s moved for an order granting summary judgment and dismissing the causes of action against them for negligent hiring, retention, and supervision. The Sabor’s contended that they did not owe Illescas a duty of care with respect to the incidents that allegedly occurred. Specifically, they argued that they were not responsible for the alleged assault because they contracted with an individual who was responsible for hiring and managing the security staff for the premises and the person that Illescas claimed assaulted him was not their employee.