Ciciarelli v. Ames Department Stores, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed with costs. Memorandum: Plaintiff was examining a display of yarn in defendant’s self-service department store when several TV trays located on the top shelf of a display on the aisle behind her fell off the shelf, striking plaintiff in the back of the head and neck. Plaintiff commenced this action seeking damages for the personal injuries she suffered. The jury awarded plaintiff and her husband $63,480.
On appeal, defendant argues that the trial court erred in submitting the case to the jury on the alternate theory of res ipsa loquitur. Such submission is…
2Cases cited6 opinions
- Dermatossian v. New York City Transit AuthorityNew York Court of Appeals · 1986
- George Foltis, Inc. v. City of New YorkNew York Court of Appeals · 1941
- Corcoran v. Banner Super Market, Inc.New York Court of Appeals · 1967
- Abbott v. Page Airways, Inc.New York Court of Appeals · 1969
- Corcoran v. Banner Super Market, Inc.New York Court of Appeals · 1968
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3Cited by7 opinions
- Harmon v. United States Shoe Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Durso v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- Fields v. King Kullen Grocery Co.Appellate Division of the Supreme Court of the State of New York · 2006
- Repecki v. Home Depot USADistrict Court, E.D. New York · 1996
- Ovalles-Sosa v. KhoudariAppellate Division of the Supreme Court of the State of New York · 2023
2 more not listed; retrieve them via the Exa API.