Plaintiff sued our client, a large national retailer, in New York Supreme Court. She claimed she sustained serious personal injuries when struck by a wind-propelled shopping cart. Surveillance video revealed that the shopping cart was left in the parking lot by two customers approximately 90 seconds before the alleged accident. We removed to Federal Court,…
Plaintiff tripped and fell over the foot of a decorative barricade in our client’s grocery store, claiming that it dangerously encroached into the aisle and constituted a trap for the unwary. We moved for summary judgment on the theory that the barricade and its foot were open, obvious and not inherently dangerous. We argued that…
Plaintiff sued the Firm’s client, a well-known grocery store chain in New York Supreme Court. Plaintiff claimed she fell due to a liquid substance on the floor and, as a result, sustained serious injuries, including fractured hip. We removed the case to the United States District Court for the Southern District of New York. After…
Plaintiff, a New York resident, sued the Firm’s client, a national retailer, claiming she slipped and fell on liquid on the floor. Plaintiff claimed that as a result, she sustained serious injuries, including an arthroscopic shoulder surgery and subsequent total shoulder replacement. We removed the case to the United States District Court for the Eastern…
Plaintiff sued the Firm’s client, a national shopping mall developer, in Connecticut Superior Court. Plaintiff claimed she fell due to ice in the parking lot and, as a result, sustained serious injuries, including two arthroscopic surgeries to her knee and a total knee replacement. We determined that the co-defendant, the client’s maintenance and snow/ice removal…
Plaintiff sued the Firm’s client, a grocery store chain with locations throughout the Northeast, in New York Supreme Court. Plaintiff claimed she fell due to a sticky substance on the floor and, as a result, sustained serious injuries, including fractured humerus and tibia with lengthy rehabilitation. Plaintiff’s statements to her medical providers indicated that plaintiff…
Plaintiff commenced a medical malpractice claim predicated on our client Emergency Room physician’s alleged failure to diagnose extremely rare Fish Handler’s Disease. We argued that Defendant did not depart from the applicable standards of care, that plaintiff failed to follow Defendant’s recommendations and that Defendant did not cause any injury to plaintiff. We argued the…
Plaintiff commenced a medical malpractice and wrongful death claim against Defendant. More than one year after Defendant joined issue and served discovery demands, plaintiff failed to provide any discovery or a Verified Bill of Particulars. We served plaintiff with a 90-day notice pursuant to CPLR 3216, demanding that she resume prosecution of her claim and…
Hastings Development, LLC, an insured under a policy issued by Evanston Insurance Company, sought coverage for a personal injury claim brought by an employee of another company who was injured while working on a mixing machine owned by Hastings. The insurance company denied coverage citing to the Employer Exclusion contained in the policy. We commenced…
Plaintiff commenced an action claiming that she suffered personal injuries after an alleged slip and fall in our client’s store. Defendant moved for summary judgment on the ground that Plaintiff could not establish notice. In opposition, Plaintiff argued that she overheard individuals, whom she believed to be employed by defendant, speaking about a prior spill. …
