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Aigul E. Sarvarova and Angelo J. Bongiorno were successful in obtaining summary judgment in the case of M.L., etc. v. City of New York, et al., Queens County, Justice Ulysses B. Leverett.  The plaintiff, a 3 ½ year-old infant at the time of the alleged accident, was a passenger on a school bus that was involved in a collision with another motor vehicle. The infant plaintiff, by his mother and natural guardian, brought an action claiming personal injuries, naming The City of New York, New York City Department of Education, the respective drivers, the school bus company, and the school that he attended at the time, as defendants.  Plaintiff alleged inter alia that the City defendants were negligent in the maintenance of the stop sign at the intersection where the subject accident took place.  In particular, the plaintiff claimed that there was a missing stop sign at the subject intersection, which caused the alleged accident.  Upon conclusion of discovery, the City Defendants moved for summary judgment arguing inter alia that they lacked prior notice of the allegedly missing stop sign.  That motion was Denied by Judge Leverett, and The City defendants moved to reargue.  At oral arguments before Judge Leverett, we were able to demonstrate to Judge Leverett that he overlooked the evidence showing that after receiving notice, the City replaced the stop sign about two weeks before the accident and did not receive notice of the stop sign missing again until after the accident had occurred.  After re-evaluation of the evidence that we presented, Judge Leverett Reversed his prior decision and Granted the City defendants’ motion for summary judgment, holding that the evidence showed that the City defendants did not have notice of the allegedly missing stop sign prior to the subject accident.

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The case involved a fourth-grade student at Jackson Ave Elementary School who was injured during recess. On the date of the accident the infant plaintiff and seven friends were playing touch football in the field adjacent to the playground equipment.

The infant plaintiff and his friends were advised by the recess aides as to the accepted boundaries to be used for the football field to ensure that the boys did not play too close to the playground equipment. Several times during the school year the boys attempted to extend the boundaries of the football field and were repeatedly warned by the recess aides to keep the football game limited to the accepted boundaries and to be sure to stay back from the playground area. The boys would obey the instructions of the recess aides for a period of time and then attempt to extend the boundaries of the field again.

The infant plaintiff testified that on the day of the accident the boys extended the boundaries of the football field even though they knew they were not supposed to. This extension of the field caused the football game to be played immediately adjacent to the playground area. During the football game, the infant plaintiff went out for a long pass which went beyond the back of the endzone and ran into a piece of playground equipment sustaining significant dental injuries.

The Plaintiff produced for trial testimony the infant plaintiff, his mother and an expert in physical education and recess. The two recess aides that were present on the date of the accident testified as well.

The jury returned a unanimous verdict of no negligence on behalf of the School District.

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The Plaintiff alleged that as a result of the accident she had to undergo a left total knee replacement.  The Plaintiff  was taken by ambulance from the accident to the hospital where she made complaints of bilateral knee pain.  The plaintiff treated for PT for a few months then had an unexplained 14-month gap in treatment with her orthopedist.  After beginning to treat with her orthopedist again, the Plaintiff waited another 22 months before having the knee replacement surgery.

The Plaintiff was morbidly obese and alleged that the 22-month gap was as a result of her having gastric bypass surgery to lose weight prior to having the knee replaced.  However, this need to lose weight prior to the surgery was not documented anywhere in her medical records.

The x-rays and MRI’s conducted on plaintiff’s knee showed degeneration which was also noted in the Operative Report.

The argument was set forth to the jury that the knee surgery was caused by a progressive deterioration as a result of her excessive weight during her lifetime coupled with her 25-yr. career as a postal worker.

The jury found that the knee surgery was not causally related to the accident.

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The plaintiff, Aponte, fell from a ladder while installing a new cable service line to an existing cable “tap” located on a cable strand adjacent to 12 Squaw Lane, Mastic, New York.  The plaintiff was employed by Tri-Wire Engineering Solutions, Inc., as a Cable Line Technician.  He ascended the utility pole via a ladder and fell as a result of an improperly secured ladder to the cable strand.

The Honorable Justice Roy S. Mahon found that the sole proximate cause of the alleged occurrence was the actions of the plaintiff without any involvement or supervision by the defendants and granted defendant’s motion for summary judgment dismissing the plaintiff’s claims of violations of Labor Law 240(1), 241(6) and 200 as well as plaintiff’s claims of negligence and all cross-claims against the defendants.  In addition, the plaintiff’s motion for summary judgment on plaintiff’s claims of violations of Labor Law 240(1) and 241(6) was Denied.

The post Carmelo Aponte v. Long Island Power Authority, National Grid, Cablevision Systems Corporation, Cablevision Systems Long Island Corporation, Cablevision Systems Suffolk Corporation, CSC Holdings, LLC, Verizon, Inc., Verizon Communications, Inc. and Verizon Services Court. Supreme Court / Nassau County 2013 appeared first on Bongiorno, Montiglio, Mitchell & Palmieri, PLLC.