Claim Of Injury On A City Bus Fails To Take Off From The Ground (NY)
In this week’s review, we study a quirky case where a plaintiff sued the MTA Bus Company because she sustained serious injury when she fell from a sudden and violent stop on a New York City bus. (Who among us has not been in this common situation at one point while living in New York City.) In Orji v. MTA Bus Co., NY Slip Op 02811 (2d Dept. 2022), the plaintiff alleged the city bus stopped at...Read More
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Vicarious Liability Found In A Motorcycle Accident By Off-Duty Cop (NY)
In Llorente v. Wnorowski, 2022 NY Slip Op 02258 (2d Dept. 2022), the plaintiff was riding a motorcycle on the Grand Central Parkway when it collided with another motorcycle operated by the defendant Wnorowski, an off-duty police officer at the time, who was riding with other off-duty police officers on motorcycles. The plaintiff commenced a personal injury action against him and against his...Read More
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Mode Of Operation Delineated By NJ Supreme Court
In September of 2021, we reported on an Appellate Division’s decision in Jeter v. Sam’s Club where the Court found that New Jersey’s “mode of operation” rule did not apply to spilled grapes in a closed plastic container in a Sam’s club. Jeter v. Sam’s Club, 2021 WL 1961122 (App. Div. 2021). The plaintiff in Jeter appealed and were heard by the Supreme Court. The Supreme Court affirmed in a 4-2...Read More
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Recent Wave Of High Jury Verdicts In Premises Liability Cases
Highlighted by a recent decision by CVS Pharmacies, to close around 900 stores across the country after a Georgia court upheld a $43 million premises liability verdict against the company, there has been a noted increase in high verdicts across the United States. These premises liability cases have involved a number of issues, including criminal acts and inadequate security. The string of...Read More
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To Avoid Further Litigation On “Settled” Matters, It Is Essential That A Settlement Agreement Does Not Leave Loose Ends
Settlement agreements typically signify the end of a legal dispute. However, to avoid a headache and potential for further litigation on “settled” matters, it is essential that the settlement agreement does not leave any loose ends. In Cincinnati Insurance Company v. Acadia Insurance Company, 2021 WL 6071718 (4th Dep’t 2021), a woman fell on property owned by 60 LBC, insured by Plaintiff...Read More
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