John W. Manning

jmanning@msssv.com
516.741.7676
516.741.9060
Manhattan College
St. John’s University School of Law
John W. Manning graduated cum laude from Manhattan College in 1970 with a B.A. in Modern Foreign Languages and, after serving in the U.S. Army, received his J.D. degree from St. John’s University School of Law in 1978. He was admitted to practice in the courts of New York State and in the U.S. District Courts for the Southern and Eastern Districts of New York in 1979; the U.S. Court of Appeals for the Second Circuit in 1981; and the Supreme Court of the United States in 1982.

John has extensive experience in insurance-related matters and negligence defense litigation encompassing a broad range of practice areas, including premises liability, legal malpractice, and products liability. He has represented gyms and fitness facilities, movie theaters, nursing homes and homecare providers, attorneys, manufacturers, owners and lessees of commercial and residential properties, and other businesses and individuals, against a wide variety of claims.

Representative of his reported Appellate Division decisions are:

Ward v. Cross County Multiplex Cinemas, Inc., 62 A.D.3d 466 (1st Dept. 2009)
Martinez v. National Amusements, Inc., 50 A.D.3d 302 (1st Dept. 2008)
Brunson v. National Amusements, Inc., 292 A.D.2d 413 (2nd Dept. 2002)
Brown-Phifer v. Cross County Mall Multiplex, 282 A.D.2d 564 (2nd Dept. 2001), motion for leave to appeal denied, 96 N.Y.2d 721 (2001)
Anselmo v. Esernio, 280 A.D.2d 626 (2nd Dept. 2001), motion for leave to appeal denied, 97 N.Y.2d 602 (2001)
Anselmo v. Esernio, 280 A.D.2d 626 (2nd Dept. 2001), motion for leave to appeal denied, 97 N.Y.2d 602 (2001)
Guzzo v. Mercy Medical Center, 250 A.D.2d 731 (2nd Dept. 1998)

Recent cases which John has tried include the following:

In Luna v. NAI Entertainment Holdings LLC (Supreme Court, Queens County, Index No. 7142/14, October 2016), the plaintiff claimed that the nosing on the edge of a step was defective, causing her to fall down a flight of stairs and suffer a bimalleolar fracture of the right ankle with mortise disruption and diastasis of the fracture fragments, for which she underwent open reduction and internal fixation. The bifurcated trial resulted in a defense verdict on liability.
Wallace v. National Amusements, Inc. (Supreme Court, Suffolk County, Index No. 9488/10, June 2016) involved a claim that the plaintiff slipped and fell in a Ladies Room after complaining to a security guard that there was water on the floor. She allegedly sustained a herniated disc at L4-5 and a bulging or herniated disc at L5-S1, lumbar radiculopathy requiring multiple epidural injections and nerve root blocks, and cervical radiculopathy. She also claimed thoracic facet syndrome and complex regional pain syndrome, requiring implantation of a dorsal column stimulator. The jury returned a defense verdict on liability.
In Mitchell v. Quincy Amusements, Inc. (Supreme Court, Westchester County, Index No. 60147/2013, April 2016), the plaintiff allegedly slipped and fell on an oily or buttery substance upon entering a row of seats in one of the auditoriums of the Cross County Multiplex Cinemas before the start of a movie, although ushers had supposedly cleaned the auditorium after an earlier show. She claimed to have sustained lumbar disc herniations, a lateral meniscus tear in her left knee requiring arthroscopic surgery, left foot, hip and leg pain, and the loss of the nail on her left great toe. The jury rendered a defense verdict.
In Rosamilia v. National Amusements, Inc. (Supreme Court, Suffolk County, Index No. 19902-11, November 2015), the plaintiff claimed that a leaking flushometer resulted in water on the floor in one of the stalls of the Ladies Room which caused her to slip and fall, sustaining injuries to her cervical and lumbar spine which necessitated a multilevel lumbar laminectomy. The trial concluded with a defense verdict.
In Tiranno v. Farmingdale Theatres, Inc. (Supreme Court, Suffolk County, Index No. 36053/08, May 2015) the plaintiff claimed that Farmingdale Theatres was negligent in allowing the operation of remote control cars in its parking lot inasmuch as one such car allegedly caused him to lose control of his motorcycle and crash. He sustained a bimalleolar fracture of the right ankle, with posterior displacement of the ankle mortise, and underwent an open reduction with internal fixation. The jury returned a defense verdict.