News

Case Summaries

Injury & Tort Law

[12/16] Beazer v. New York City Health and Hospitals Corporation
In an appeal from a judgment of the appellate division affirming the trial court's denial of defendant's motion for summary judgment on plaintiff's common law negligence claim, judgment is affirmed because there are unresolved factual issues concerning whether defendant owed any duty to plaintiff.

[12/16] Park v. First American Title Co.
In an appeal from an order of the trial court dismissing plaintiff's tort action alleging that defendant mishandled the preparation of a deed of trust on a property plaintiff sold, judgment is affirmed because plaintiff could not prove damages.

[12/15] MLC Fishing, Inc. v. Velez
Dismissal for want of federal admiralty and maritime subject matter jurisdiction over fishing vessel owner's complaint seeking exoneration from or limitation of liability pursuant to the Exoneration and Limitation of Liability Act is affirmed where: 1) slip-and-fall accident that took place on a ramp leading from the marina to a floating dock that passengers were required to traverse in order to access the vessel did not occur on or over navigable waters; and 2) the Act did not provide an independent basis for federal jurisdiction.

[12/14] F.C. Wheat Maritime Corporation v. US
In an appeal from the district court's award of damages to appellants' in a dispute arising from an allision between a United States Army Corps of Engineers vessel and a private yacht owned by the appellants, judgment is affirmed over appellants' various challenges to the court's determination of damages due them.