Category Archives: Personal Injury

This was originally published on the SGR Blog.

Did County, PD, and Officer Have a Defense?

Ramon Antonio Ramos sued the County of Suffolk, the Suffolk County Police Department, and Police Officer Christopher Vitale to recover for personal injuries he allegedly sustained as a result of a motor vehicle-bicycle accident.

The accident allegedly occurred on December 18, 2017, at approximately 4:18 p.m., in the marked crosswalk at the intersection of Third Avenue and Union Boulevard in Islip, New York, when a SCPD vehicle, operated by Vitale, attempted to make a left turn from westbound Union Boulevard onto southbound Third Avenue. The vehicle struck Ramos’ bicycle, which was traveling eastbound on Union Boulevard in a marked crosswalk.

This was originally published on the SGR Blog.

Was ShopRite Liable for the Patron’s Injury?

Alfred Kenlaw was injured while using and exiting a motorized cart in front of the entrance to the ShopRite Supermarket of Wallkill located at 20 Lloyds Lane, Middletown, New York. Kenlaw alleged that ShopRite was negligent in the “ownership, operation, maintenance and control of the its premises and motorized shopping cart” and that it failed to maintain its premises and motorized shopping cart in a reasonably safe condition.

Kenlaw arrived at ShopRite to do some shopping and used a motorized cart as he had done many times before. He was operating the motorized cart for approximately 45 minutes prior to his fall. As Kenlaw was leaving the store, he pulled the cart up to the car his wife parked in the fire zone just outside the exit door. The cart remained on the sidewalk perpendicular to the car. While seated, Kenlaw took the bags out of the front basket and reached over the basket to place them in the back seat of the car. He then attempted to get out of the cart from the right side. With his right foot on the ground, his left hand on the wire basket and his right hand to his side, the cart “jerked forward” four or five inches and he lost his balance.

This was originally published on the SGR Blog.

Was Operator of Site Negligent and Liable?

In July 2018, Jessica Rooney sustained injuries when she slipped on a rock located on an access path while attempting to reach the Battenkill River to go water tubing. Rooney filed a negligence action against Battenkill River Sports & Campground Holding Co, LLC, the company that rented her the tube and shuttled her by van to the river’s access point.

Battenkill moved for summary judgment dismissing the complaint on the basis that it did not owe or breach any duty to Rooney and that her claim was barred by the doctrine of primary assumption of risk. Rooney opposed the motion and argued that Battenkill was a common carrier and, as such, owed a duty of care to maintain the access path.

This was originally published on the SGR Blog.

Did Girlfriend Have Defense to Estate’s Civil Suit?

On April 19, 2015, Vincent A Viafore and Angelika Graswald were kayaking in separate kayaks in the Hudson River in Orange County, New York. The weather that day was cold and windy, with water temperature in the 40’s. Viafore was not wearing a life vest or a wet suit. Viafore and Graswald entered the Hudson River from Plum Point Park in Orange County and went to what is commonly known as “Bannermans Island,” an island in the Hudson River slightly southeast of the Plum Point. The couple spent about two hours hiking the island before disembarking back to Plum Point. Viafore and Graswald left the island at about 7:00 p.m. The waters were rough, it was windy, and it was getting dark. Viafore’s kayak paddle was missing a locking clip and had no drain plug, as it was removed by Graswald. While crossing the Hudson, Viaore’s kayak began to take on water and began to sink. Viafore exited his kayak and entered the river. Ultimately, he drowned in the river.

Graswald was arrested and charged with Second Degree Murder and Second Degree Manslaughter. On June 24, 2017, the case against Graswald was resolved by her plea to Criminally Negligent Homicide.