Category Archives: Personal Injury

This was originally posted on the SGR Blog.

Were Gym Operators Liable for Injury?

Yael Sebagh sued Capital Fitness, Inc. and alleged that she was injured when she attempted to disembark from a treadmill at a fitness center. As she stepped off the treadmill, Sebagh allegedly tripped or stepped on an electrical box that was located on the floor next to the treadmill, which caused her to fall and sustain personal injuries. The building was owned by Simon Property Group, L.P., and leased by Capital Fitness, Inc., and Capital Fitness-Roosevelt, LLC.

Capital interposed an answer which included the third affirmative defense of the primary assumption of risk doctrine, the fourth affirmative defense that the allegedly dangerous condition was open and obvious, and the sixth affirmative defense that Sebagh was comparatively negligent.

This was originally posted on the SGR Blog.

Was Owner Liable for Injury Near Ball Return?

Every case that arises from a recreation/sports-related injury must address several threshold questions. First, was the premises maintained in a reasonably safe condition? Second, did the owner have actual or constructive notice of an unsafe condition? Lastly, did the unsafe condition cause or contribute to the injury? A recent case, involving a hand injury at a bowling alley, addressed all 3 questions.

Jaime Muscato sued Spare Time Entertainment alleging a slip-and-fall at a bowling alley located on Route 9 in Clifton Park, New York. And claimed negligence in maintaining the premises, in that the floor near the ball return was excessively slippery, causing her to fall and sustain injury to her hand. Spare Time moved for summary judgment.

This was originally published on the SGR Blog.

Was “Emergency Doctrine” Implicated?

It takes two to make a car/pedestrian accident. Was the driver excused from liability under the emergency doctrine?

Aguilera De Diaz asserted that she was crossing the street, within the crosswalk, with the light in her favor, when she was struck by Richard D. Klausner’s vehicle, which was making a left turn. But Klausner countered that De Diaz, in fact, was not crossing the crosswalk from the northeast side of the street, but rather, out of nowhere, appeared to be coming from the west side of the street, causing impact to the left driver side of his vehicle as he was making a left turn.

This was originally posted on the SGR Blog.

Were EMTs/New York City Liable for Negligent Transport?

Yaugeni Kralkin allegedly was injured when (apparently intoxicated) he unbuckled his restraints and jumped from a New York City ambulance while being transported to a hospital. Supreme Court granted the City’s motion for summary judgment dismissing the complaint. Kralkin appealed.

Under the doctrine of governmental function immunity, government action, if discretionary, may not be a basis for liability. But ministerial actions may be, but only if they violate a special duty owed to the plaintiff, apart from any duty to the public in general.

This was originally posted on the SGR Blog.

Was Daytime “Open Run” Defense Dispositive?

For more than a century, New York courts have recognized the so-called “open run” defense, which permits a train engineer who sees a person on or near the tracks ahead to assume, under certain circumstances, that the person will notice the oncoming train and leave the tracks in time to avoid an accident. When the open run defense is applicable, the engineer has no duty to make an emergency stop unless he or she determines that the person cannot or will not leave the tracks.

A recent case raised a novel issue:

Was the open run defense applicable only when the train was operating “in broad daylight”.