Accident Lawsuit of Restaurant Patron Jostled While Drinking from Glass Dismissed

Case: McGee v. JLPC Corp.

Court: Supreme Court, Appellate Division, Second Department, New York

Date: 7/11/12

From: New York attorney Gary E. Rosenberg (personal injury and accident attorney and lawyer; serving Brooklyn and Queens; Queens accident lawyer)

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Facts: Weird case. December, 2006. This restaurant-goer was taking a drink from her glass when the guy sitting next to her turned around and hit her arm with his elbow. She claims that he injured her. That's all. She sues the restaurant and her fellow diner for injuries from this so-called accident.

Restaurant and customer ask the court for summary judgment dismissing the complaint.

Held: No one breached any "duty of care" to the plaintiff. Summary judgment granted. Case dismissed.

Comment: What a waste of time and court resources.

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