Author: Michael A. Bono

WCM Wins Rare Defense Verdict in Hit in the Rear Accident Trial

After a three day trial in Supreme Court, New York County, Wade Clark Mulcahy’s Michael Bono and Dana Purcaro obtain a rare defense verdict on liability in a hit in the rear accident case in Smyth v. Murphy, Index number 157795/2013. Plaintiff testified to being involved in at least ten on the job accidents spanning over two decades. In each accident, plaintiff injured his cervical and lumbar...Read More

Court Splits on Electrical Upgrade Issue (NY)

In Daly v 9 E. 36th LLC, a New York court wrestled with the issue of whether an apartment building has a duty to update its electrical system to meet the modern electrical needs of tenants, and the question of who is responsible when electrical overuse by a tenant results in a fire. The plaintiff in this case was a tenant in the defendant’s building, who was injured by a fire in his...Read More

NY Court Finds Plaintiff Should Have Received Extra Time in NCAA Soccer Injury Case

In Calderone v National Collegiate Athletic Association, the plaintiff sued the NCAA and other parties for personal injuries allegedly sustained during a soccer game and the NCAA immediately moved to dismiss the complaint. On the return date of the NCAA’s motion, the plaintiff attempted to file a stipulation signed by the NCAA’s counsel, agreeing to adjourn the return date and...Read More

Mode of Operation Rejected in Sandwich Shop Slip (NJ)

In Hockman v. Burrellys LLC, a New Jersey Court recently dealt with the “mode of operation” doctrine in the context of a fall in a sandwich shop. Ordinarily, an injured plaintiff attempting to recover damages under a theory of negligence must prove that the defendant had actual or constructive knowledge of the dangerous condition that caused the accident. However, under the mode of...Read More

PA Court Admits BAC Result Without Corroborative Witness

In Pennsylvania, to guard against undue prejudice in civil cases, evidence of a party’s mere alcohol consumption is inadmissible absent evidence that reasonably shows intoxication. In respect of Blood Alcohol Concentration results, courts found to provide that “ alone may not be admitted for the purpose of proving intoxication,” but must be accompanied by “other evidence showing the actor’s...Read More

Handling Heavy Buckets Not an Elevation Related Risk (NY)

In Ciechorski v. City of New York, the Appellate Division recently distinguished between “usual and ordinary” dangers of a construction site versus “the extraordinary elevation risks envisioned by the Labor Law Section 240(1).” The Court also addressed the distinction between defendants who actually determine the means and methods of the work versus those who merely exercise general oversight...Read More

Jury Finds Against Building Owner in 5 Pointz VARA Case

5 Pointz was a warehouse in Long Island City, Queens that was very well known because it was covered with ornate graffiti murals.  The property owner, Jerry Wolkfoff, actually encouraged the graffiti and allowed a “curator” to organize the various artists and their projects. But eventually Wolfkoff decided to sell the warehouse to housing developers.  The artists filed suit under Visual...Read More

Expert Needed to Explain Dangerous Mannequin Placement (NJ)

In Reiger v. Ann, Inc., the New Jersey Appellate Division faced the strange question as to whether expert testimony was required for plaintiff to pursue claims against a defendant store owner for its placement of a mannequin platform display near a mirror. Plaintiff was shopping in defendant’s clothing store and tried on a scarf in the dressing area.  As plaintiff was backing away from a...Read More

OSHA Violation not Applicable to Produce Market Forklift Mishap (PA)

In Pennsylvania, in determining whether a duty exists in a negligence action, a court may look to a “legislative enactment or an administrative regulation” for the standard of conduct of a reasonable person. To that end, Pennsylvania courts sometimes rely on regulations by the Occupational Safety and Health Administration (“OSHA”), which is part of the US Department of Labor, to determine...Read More

Yankees Safe in Foul Ball Accident (NY)

Yankees fans will recall a scary incident in late September where a young child was struck by a foul ball at Yankee Stadium.  Although there has been no word whether the family will sue the Yankees, a recent appellate decision may impact the issue. In Zlotnick v. New York Yankees Partnership, plaintiff brought a personal injury action against the Yankees for injuries sustained when he was...Read More