ZECEVIC v. LAN CARGO S.A., 137 A.D.3d 465 (2016)
Court: Supreme Court of New York
Number: innyco20160303373
Visitors: 9
Filed: Mar. 03, 2016
Latest Update: Mar. 03, 2016
Summary: Plaintiff Nenad Zecevic was allegedly injured after a crate weighing approximately 400 pounds fell on him as he was working at John F. Kennedy International Airport. Defendants contend that an unusually strong wind caused the crate to fall. Supreme Court properly denied plaintiffs' motion for partial summary judgment on the issue of liability. Although plaintiffs may be entitled to invoke the doctrine of res ipsa loquitur at trial, they are not entitled to partial summary judgment because the c
Summary: Plaintiff Nenad Zecevic was allegedly injured after a crate weighing approximately 400 pounds fell on him as he was working at John F. Kennedy International Airport. Defendants contend that an unusually strong wind caused the crate to fall. Supreme Court properly denied plaintiffs' motion for partial summary judgment on the issue of liability. Although plaintiffs may be entitled to invoke the doctrine of res ipsa loquitur at trial, they are not entitled to partial summary judgment because the ci..
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Plaintiff Nenad Zecevic was allegedly injured after a crate weighing approximately 400 pounds fell on him as he was working at John F. Kennedy International Airport. Defendants contend that an unusually strong wind caused the crate to fall.
Supreme Court properly denied plaintiffs' motion for partial summary judgment on the issue of liability. Although plaintiffs may be entitled to invoke the doctrine of res ipsa loquitur at trial, they are not entitled to partial summary judgment because the circumstantial proof is insufficient to create an inescapable inference of defendants' negligence (see Morejon v Rais Constr. Co., 7 N.Y.3d 203, 209 [2006]; Stubbs v 350 E. Fordham Rd., LLC, 117 A.D.3d 642, 644 [1st Dept 2014]; Palomo v 175th St. Realty Corp., 101 A.D.3d 579, 581 [1st Dept 2012]; Tora v GVP AG, 31 A.D.3d 341 [1st Dept 2006]).
Source: Leagle
