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NY Bicyclist's Claim He Was Blown From Bike By Helicopter Survives Dismissal


Blog Category:
4/12/2011
Jonathan Cooper
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Okay, this case is ceratinly bizarre. Or at the very least, way out of the ordinary.

In Strasmich v. Liberty Helicopters, Inc.  a New York County trial court decision that is scheduled to appear in tomorrow's edition of the New York Law Journal, the trial court held that a jury could find the defendant was negligent in failing to erect wind barriers or some other protective device in order to prevent personal injuries, like the ones that ultimately occurred in this case, from occurring.

To that end, the trial court held as follows:

"As the operator of the Heliport, it is foreseeable that landing helicopters utilizing the Heliport increase the speed and force of the natural winds in the area, it cannot be said that Air Pegasus has no duty to protect the public in the vicinity of the Heliport from the impact of such winds created by the helicopters. It has been stated, as a general proposition, that "A landowner generally must "exercise reasonable care, with regard to any activities which he carries on, for the protection of those outside of his premises" (In re New York City Asbestos Litigation, 5 NY3d 486, 840 NE2d 115 [2005] citing Prosser and Keeton, Torts §57, at 387 [5th ed.]). Therefore, dismissal of plaintiff's claim that Air Pegasus failed to construct a blast fence to avoid such wind gusts, is denied ..

"[It] cannot be said that there is established clear and undisputed evidence to compel a conclusion, that the strong wind gusts were of an open and obvious nature to the plaintiff herein so as to obviate Air Pegasus's duty to provide proper warnings of same. Therefore, dismissal of such claim is denied."


Category: General

Jonathan Cooper
Employment Litigation and School Negligence Lawyer

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