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Plaintiff Fails to Meet Her Burden in Black Ice Slip and Fall Case Vozzo v. Fairfield Wentlake Square, LLC – Second Department NYLJ – July 28, 2017

August 4, 2017 • Posted By Joseph A. French • Insurance Coverage

The Second Department recently reversed a Suffolk County Judge’s denial of summary judgment to the defendant. Plaintiff claimed he slipped on black ice in the exterior dumpster area of a residential complex.  Plaintiff had testified precipitation had fallen before her fall, and she had not seen the alleged icy condition before or after she fell. Read More

Second Department Rules in Plaintiff’s Favor in Golf-Related Assumption of Risk Case   Patricia R. Macisaac, as Administratrix of the Estate of John R. Macisaac, Deceased And Patricia R. Macisaac, Individually v. Nassau County, NYLJ – July 17, 2017

July 31, 2017 • Posted By Joseph A. French • Insurance Coverage

            In 2012, plaintiff-decedent was walking from the 12th hole tee to the 13th hole tee at the Eisenhower Park Golf Course.  While walking he allegedly tripped on a sprinkler valve in a grass-covered hole.  Plaintiff-decedent fell to the ground, and sustained mortal injuries.  Defendant raised a primary assumption of the risk defense in light of the decedent’s wrongful death claims. Read More