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Personal Injury Claim Dismissed

 Court Overturns Summary Judgment Dismissing Injured Worker's Personal Injury Claim:



A New York appellate court revived a worker's third-party personal injury claims based on his workplace fall, finding triable issues of fact precluded summary judgment as to both defendants.


Case: Ortiz v. All Lock & Glass Service, No. 2013-02146, 11/05/2014, published.


Facts: Roberto Ramos Ortiz, an employee, allegedly hurt himself at work in January 2009 when he slipped and fell on a discarded truck windshield that was covered with snow.


Ortiz claimed that All Lock & Glass Service employees had removed the windshield from a truck two days prior to his accident, and the snow had fallen in the ensuing day, covering it up.


Procedural History: Ortiz sued All Lock and the owner of the property where he had allegedly fallen.


Both defendants moved for summary judgment dismissing his personal injury claims.


Kings County Supreme Court Justice Larry Martin granted the motions.


Analysis: The Appellate Division's 2nd Department said both motions should have been denied.


The court said there was a triable issue as to whether All Lock owed a duty of care to Ortiz, and, if so, whether it had created the alleged dangerous condition at his workplace. Also, the court reasoned that there was a triable issue as to whether the property owner had constructive notice of the alleged dangerous condition.


Disposition: Reversed.


To read the decision, click here.

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