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Recent Posts in Strict Liability Category

COMPTROLLER WANTS A GAS DAMAGE RECOVERY FUND

DiNapoli Plan Provides Response for New Yorkers in Case of Natural Gas Accidents Yesterday, New York State Comptroller Thomas P. DiNapoli proposed a program to remediate contamination and establish an ...
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WHAT A HIT!

In Kostakos v. Mangione, Michael Kostakos's car was stopped for five seconds when it was rear-ended by Vincenzo and Christina Mangione's vehicle. After he filed his lawsuit, Kostakos asked the Queens ...
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HE DUCT!

In Campuzano v. Board of Education of the City of New York, Joaquin Campuzano filed a personal injury suit against the New York City Board of Education (BOED) . Campuzano and a coworker were ...
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HOLY MOLEY!

After he fell into a six-foot-wide hole which extended some five stories, laborer Richardo Pichardo sued Urban Renaissance for injuries sustained at a construction site. Even though the hole had been ...
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A HAT TRICK?

While working in a public school's basement, Manuel Galarraga hit his head on an overhanging pipe and was injured. He later filed suit against the City claiming a New York State Labor Law -- which ...
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AN UTTER DISASTER?

In Rigley v. Utter, Jarrett Rigley was injured when Wanda Utter's dog ran in front of his motorcycle. On this particular day, Utter's unleashed dog was crossing the same street on which Rigley was ...
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WHO PETS AN ANGRY DOG?

In Dykeman v. Heht, Crysta Dykeman and her parents were guests in Raymond Heht's home when within 30 to 45 minutes after their arrival, Heht's dog bit Crysta in the face, severing part of her eyelid ...
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THIS LEAD PAINT CLAIM WAS WAY TOO OLD

In Smith v. 2328 Univ. Ave. Corp. , Dante Smith -- an infant -- was exposed to lead-based paint over a period of six years while living at 2328 University Avenue in the Bronx. After litigation was ...
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STEAK SAUCE SCANDAL

In Preston v. Peter Luger Enters., Inc. , Lucy and Kevin Preston filed suit based on "strict products liability, breach of implied warranty, and negligence" for injuries Kevin suffered while opening a ...
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NO SMOKING THIS

In Rose v. Brown & Williamson Tobacco Corp. , Norma Rose suffered lung cancer and brain damage due to decades of cigarette smoking. She argued tobacco companies negligently designed and marketed ...
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WOMAN HIT WHILE UNDER HOOD

In Heimbuch v. Grumman Corp. , Elizabeth Heimbuch filed suit against Grumman Corp. -- her truck's manufacturer -- after she was injured lifting the hood. Heimbuch alleged that the truck was missing a ...
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KISS THIS SANATASS!

In Sanatass v. Consolidated Investing Co., Inc. , Christopher Sanatass was injured while installing an air conditioning unit in a building owned by Consolidated Investing. C2 Media (C2) -- a tenant in ...
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COURT CUTS SCOOTER A BREAK

Last year, we reported on Bernstein v. Penny Whistle Toys, Inc. , an appeal decided by the Appellate Division, First Department. While in Penny Whistle's Bridgehampton store, 8-year old Danielle ...
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DID MAT MAKE BUILDING UNSAFE?

In LoGiudice v. Silverstein Properties, Inc. , Carl LoGiudice was employed by a third party as a building maintenance contractor at a building owned by Silverstein Properties. Apparently, LoGiudice ...
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... LEAPING OFF A BUILDING IN A SINGLE BOUND!

Most people would call Max Lopez a hero for risking his own life to save others. Yet, for some reason, the New York County Supreme Court didn't see it the same way. In Lopez v. Boston Properties Inc. ...
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UNSOLICITED FAX MAY COST YOU A PRETTY "NICKEL"

Yesterday, I got some spam from a respected New York publicist (who was hawking a book to lawyers on marketing their professional practices). His e-mail offered the following unsolicited advice: Now ...
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ANGEL INJURED IN SEWER

In Romero v. J&S Simcha, Inc. , Angel Romero was employed by a private contractor and injured in an unshored trench while installing a sewer line for J&S Simcha, Inc. (J&S). Romero filed ...
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SADDLING UP HAS ITS RISKS

Cheryl A. Dalton was thrown from a horse named Patches and was injured in the fall. In a lawsuit filed against the riding facility, Adirondack Saddle Tours, Inc., (ASTI), Dalton alleged "strict ...
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GETTING IT IN THE REAR

If you get hit from behind while driving an automobile, the law assumes that the individual who slammed into you was "negligent," and responsible for any injuries and damage you have ...
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BISHOP & STORM SPARED EXECUTION

Bishop and Storm were sentenced to death by a Suffolk County District Court Judge for attacking, and seriously injuring, Sophie. How is such a draconian result possible, you ask? Well, Bishop and ...
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WHAT'S YOUR DEAD BODY WORTH?

According to a decision released last week by New York State's highest court, your body parts aren't worth much, particularly after you're dead. In Colavito v. New York Organ Donor Network, Inc., the ...
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LANDLORD NOT REQUIRED TO PROVIDE RADIATOR COVERS

Are landlords required to provide radiator covers (in the absence of some statutory obligation or if the there is no notice given of some defect or condition that would warrant repair)? According to a ...
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WHAT'S IN WENDY'S HAMBURGERS?

In honor of the Labor Day holiday, we thought we would examine a case that involves the world's favorite processed meat: the hamburger. In particular, we wanted to share the facts of an unusual case ...
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