Results
Dami v. Warwick Central School District
The plaintiff commenced an action against the Warwick Central School District after being struck in the face with a discus during track practice. Plaintiff also commenced an action against the student athlete who threw the discus. Plaintiff was a member of the track team, and experienced in the discus event. Plaintiff claimed that the School District was negligent in allowing students to throw discuses in an area where other students would be expected to be; in failing to instruct students to keep a proper lookout; and in failing to warn those traversing the fields of the proper distance.
Jessica McClung of our Hopewell Junction office moved for summary judgment on behalf of the School District. We argued that being hit with a discus was a risk that was inherent in participation in, and/or being a spectator of, the discus event; that plaintiff voluntarily placed herself in a position where she knew the discus could land; and that there was no adequate basis for plaintiff's failure to warn claim since the condition of the discus field and the fact that students were practicing the discus was an open and obvious condition which plaintiff acknowledged observing and which was not concealed in any manner.
The Court granted the motion for summary judgment. In doing so, the Court found that the risk of being hit with a discus was perfectly obvious and that by participating in the discus event, plaintiff voluntarily assumed that risk.
Cassidy v. Leonard H. Hawkins, Post No. 156, The American Legion, Department of New York
Ralph A. Cosentino of our New York City office obtained a dismissal of the Supreme Court, Bronx County action against our client, Leonard H. Hawkins, Post No. 156, The American Legion, Department of New York.
Plaintiff alleged that he was caused to sustain serious injuries as the result of a slip and fall on ice located within the Post's parking lot. Mr. Cosentino successfully argued that the Post could not be found liable for Mr. Cassidy's slip and fall, which occurred at some time after 10:00 p.m., because the Post neither created the condition alleged nor had notice.
Judge Kenneth Thompson of Bronx County, Supreme Court granted our motion and found that the plaintiff's theory that the Post created the condition alleged was unavailing. Furthermore, he determined that the Post could not have had notice of the condition as plaintiff, himself, testified that he had walked in the accident location approximately one hour prior to his fall and did not notice ice at that time. (October, 2011).
Ammirato v. Duraclean International, Inc.
Plaintiffs, five individuals, sued defendant for $750,000.00 to recover on loans they made to a cleaning franchise, known as Duraclean Fabric Specialist by J & S, Inc. d/b/a Duraclean Specialists. The franchise was owned by Steven Diaz, and operated under a franchise agreement with Duraclean International, Inc. which provides cleaning services through franchised dealers. Diaz was also a part owner of Duraclean International, Inc. for a period of time. Diaz defaulted on the loans, and was convicted of a crime in New York pertaining to his actions in connection with the franchise.
The case was defended by Robert J. Hindman of our Riverhead office. In an eight day trial before United States Magistrate Judge Arlene Lindsay, the Court found that plaintiffs failed to prove that Duraclean International, Inc. was liable to plaintiffs for the loans, under the theories of joint venture, vicarious liability or apparent authority, and accordingly, the Court found in favor of the defendant. 2011 WL 2730918 (E.D. N.Y) (July 2011)
>> List all results
Publications
Underwriting A Whole Different Risk: When The Excess Insurer Has A Duty To Defend
If I "See To It" That The Insurer Is Timely Notified Of A Claim, Why Is The Insurer Disclaiming Coverage?
Product-Design Trade Dress: A Corporate Asset Worthy of Protection
Additional Insureds- What does 'Pecker Iron Works' Mean to You?
>> List all publications
Presentations
PIP Loss Transfer and SUM/UM
Lloyd's Underwriters Boot Camp
Dental Trauma II
Slip and Fall Update 2011
>> List all presentations
News
Avon Breast Cancer Walk
Jennifer Casey becomes a member of the Suffolk County Planning Commission
Inclusion in 2010 New York Super Lawyers
Long Island Business News - 40 Under 40 Awards for 2010
>> List all news