Archive for July, 2007

Re-Buffed

July 2, 2007

Kudrov v. Laro Services Systems, Inc. (New York)
(Female Bus Rider Slipped and Fell on Waxed Smooth Floor in Bus Terminal; Court Granted Maintenance Company’s Motion for Summary Judgment for Lack of Evidence; Simply Because Floor was Waxed, Slippery and Smooth Did Not Infer Negligence)

A female bus rider brought a personal injury claim against the bus terminal maintenance company after she slipped and fell on the slippery floor. The trial court denied the maintenance company’s motion for summary judgment, and the company appealed.

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Gimme a W-A-I-V-E-R . . . What’s that Spell?!

July 2, 2007

Jestes v. Cleveland County Board of Education (North Carolina)
(High School Cheerleader Injured During Practice and Sued School Board; School Board was Partially Immune Pursuant to Government Immunity Statutes, But Waived Immunity in Part By Procuring Excess Liability Insurance)

A cheerleader, who was injured while participating in a cheerleading practice, brought a lawsuit against the school board and its cheerleading coach. The school board filed a motion for summary judgment, citing government immunity barring actions against the state, its counties, and its public officials sued in their official capacity. The trial court denied the motion in part and granted it in part, finding that the board was immune up to a certain dollar value, but that the board had waived its immunity above that value by procuring excess liability insurance coverage. The board appealed the ruling.

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