Friday, March 11, 2016

A third-party contractor's negligence and summary judgment.

Practice point:  The Appellate Division reversed, and granted plaintiff's cross motion for partial summary judgment on the issue of liability in this action where he was injured when a television monitor and its bracket fell on him from the wall to which they had been mounted. Plaintiff submitted evidence, including the deposition testimony of defendant's employees, the affidavit of a construction expert, and the instruction manual for installation of the monitor bracket, showing that defendant negligently installed the bracket. In opposition, defendant failed to raise a triable issue of fact.  Specifically, it did not proffer an expert who contradicted plaintiff's expert, and, instead, offered only unsupported speculation that was insufficient to rebut plaintiff's showing.

Student note:  Defendant's status as a third-party contractor does not protect it where, as here, it launched a force or instrument of harm.

Case:  Jean-Francois v. Port Auth. of N.Y. & N.J., NY Slip Op 01558 (1st Dep't 2016)

Here is the decision.

Monday's issue:  Failure to establish negligent misrepresentation, and a claim of ineffective assistance of counsel.