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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.

Case Background
The accident involved a collision of a taxicab with a New York City Fire Department Rescue Truck. The taxi slammed into the back of a fire truckand pinned the firefighters John Walters and Michael Schunk between the car and the truck, crushing their legs. Mohammed A. Khamis was driving the cab and claims injury as well.

The accident occurred on the 19th of July when the plaintiffs Schunk and Walters along with four other firefighters were working their shift from 6 pm to 9am on Rescue 1. Rescue 1 was returning to the fire station after response in an emergency call. At approximately 11:40 pm, the truck stopped on Columbus Avenue for dinner.

There was no space to park the Rescue 1 vehicle without blocking a cross walk so the driver of the vehicle double parked the truck on the eastern most travel lane on Columbus Avenue. The men left the vehicle and went to the restaurant to order their dinner. As they were still on duty and may receive an emergency call at any time, one of the men was required to stay with the truck.

Walters and Schunk returned to the Rescue 1 vehicle after purchasing their dinner. They waited at the back of the truck for the others to return. It was during this time that a taxi driven by Khamis hit the vehicle in the rear.

Khamis states that he was cut off by a vehicle and forced to swerve into the eastern most lane. As soon as he swerved into the lane he hit the Rescue 1 vehicle and pinned the two firefighters.

Case Discussion and Decision
The City claims that the two firefighters were not acting as part of their duty when the accident occurred. However, the officers were on duty at the time and were simply obtaining dinner.

This can be seen as part of their duties as there is no dinner break provided to the firefighters during their shift. While the two were not instructed to stand behind the truck, they were on duty and ready to respond should an emergency arise.

After reviewing all of the information provided by the plaintiffs and the arguments provided by the defendant the City of New York, it is found that there is triable evidence in this case. For this reason, the summary judgment motions made by the defendant are denied in all three 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.

Even though these injuries have kept her from starting high school, she will soon start correspondence school. The girl’s mom has four other kids yet stays with her daughter almost all the time at the hospital. A policeman reported that Riverlands School is raising money to help support the family as they go through this hard time. This school has also raised money for the hospital’s air ambulance service. The air ambulance service helps hundreds of people each year. The school has also gotten a lot of other schools in the area involved in the fund-raising to help support this wonderful service.
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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.

The accountant advised that when he fell, the bartender had kept hold of his hand so that he did not fall all of the way to the cellar, but only a few of the steps. The fall was bad enough to break his arm, but could have much worse if he had not been holding onto the bartender’s hand.

The court in this case determined that since the bartender had not released the accountant’s hand and the beer delivery driver assisted him in getting the accountant back up into the main bar area, that it could be concluded that the delivery was completed at the time of the accident. That means that the beer delivery man and his company are not liable for any of the damages.
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