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This case involves the plaintiffs John and Meredith Walters versus the defendants the City of New York, Mohamed A. Khamis, and Marcelin Papilon and the plaintiffs Michael F. and Veronica Schunk versus the City of New York, Mohamed A. Khamis, and Marcelin Papilon and the plaintiff Mohamed Khamis versus the defendant the City of New York Fire Department. The case is being heard in the Supreme Court of the State of New York located in New York County. Judge Matthey F. Cooper is overseeing the case.

Motion

This case involves three personal injury actions, Walters, Schunk, against the City of New York and Khamis versus the City of New York Fire Department. The defendant, the City of New York has motioned for a summary judgment in all of the cases.

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This last August a 13 year old girl was hit by a truck and trailer as she was riding her bicycle. She fell over on her bicycle went under the passing truck, as reported by a reporter.

She broke her pelvis but didn’t injure her head. This teen had to be air lifted to Auckland’s Starship Children’s Hospital, according to a doctor.

This teen girl has been confined to a bed for over a month as she recovers from this truck accident. She doesn’t remember very much about the accident. Now she is in rehab learning to watch again with the aid of crutches. She is hoping to walk without help in a few years. “I’m going to get back on my feet – nobody is going to stop me,” said this high spirited 13 year old girl.

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On June 5, 1954 at about 8 in the morning, an accountant arrived at a bar and grill that he was contracted to do the accounting work for. The only other person in the bar was the bartender who was behind the bar. As the accountant came in to the bar, the bartender extended his hand to greet the other man. Since the bartender was behind the bar, he had moved to a section of the bar where a counter piece could be raised up to go between the floor of the bar and the area behind the bar. As the accountant stepped forward to shake the bartender’s hand, he fell through a trap door in the floor. The trap door was opened for reason of a delivery.

The beer delivery man had arrived moments before this encounter. Because of the confines of the business, he was required to park out on the street in front of the business and enter through the main room. Once inside, he had to go to the section of the bar that raises lift the trap door, descend by way of the cellar stairs into the cellar. At that point, he had to go through the cellar to the cellar doors that he could open from the inside to accept the beer barrels that would be passed down to him from his associate on the sidewalk above.

On this date, he had already entered and testified later that he had collected the barrels from his partner on the street and was on his way up when he saw that the accountant had been injured. Because the terms of the insurance for the beer delivery truck driver’s truck states that it covers all of the steps involved in the delivery until the item has been placed in its ultimate location.

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