Justia Injury Law Opinion Summaries
Articles Posted in U.S. Court of Appeals for the Second Circuit
Gemmink v. Jay Peak Inc.
Plaintiff filed suit against Jay Peak to recover for injuries he claims were sustained as a result of Jay Peak's negligence. Plaintiff asserted that Jay Peak negligently permitted dangerous jumps on its ski trails and that, in consequence of such a constructed jump at the Kokomo-Northwest Passage intersection, plaintiff suffered a collision with another skier resulting in harm to his left side. The court affirmed the district court's grant of summary judgment for Jay Peak because plaintiff failed to establish that Jay Peak's negligence was the cause of plaintiff's injury. The court could not infer a causal link between Jay Peak’s assumed negligence in its maintenance of ski jumps and the injury incurred on the facts presented, and plaintiff does not provide sufficient evidence to support a link between his injuries and alleged theory of causation. View "Gemmink v. Jay Peak Inc." on Justia Law
Pasternack v. Laboratory Corporation
Plaintiff, a physician and airplane pilot, filed suit contending that LabCorp and other drug testing companies, engaged to administer a random drug test in accordance with federal regulations governing aviation safety, mishandled the test. The court reserved decision and certified the following questions to the New York Court of Appeals: whether drug testing regulations and guidelines promulgated by the FAA and DOT create a duty of care for drug testing laboratories and program administrators under New York negligence law; and whether a plaintiff may establish the reliance element of a fraud claim under New York law by showing that a third party relied on a defendantʹs false statements resulting in injury to the plaintiff. View "Pasternack v. Laboratory Corporation" on Justia Law