Of Interest

  1. First Department Enforces Settlement Reached via Emails After Plaintiff Attempted to Renege (NY) Thursday, July 27, 2017 - By and large, most personal injury lawsuits settle.  Following discovery and as the liability picture becomes clearer the parties can engage in good faith settlement discussions and equitably resolve the matter. An essential element of good faith negotiations is that … Continue reading ...
  2. Municipal Animal Shelter “Sheltered” From Liability In Dog Bite Case (NY) Thursday, July 27, 2017 - New York State is relatively lenient when it comes to imposing liability on dog owners in dog bite cases: an animal owner will be held liable for a dog bite when he knows or should have known about his animal’s … Continue reading ...
  3. GC’s Right of Supervision Over Subcontractor Work is Key to Determination (PA) Thursday, July 27, 2017 - On July 19, 2017, the Superior Court of Pennsylvania affirmed an order denying a motion to remove the entry of nonsuit as to Appellee Patrick Smiley, Jr. (“Smiley”), following a jury trial that resulted in a $501,107.41 verdict against  Fairman’s Roof … Continue reading ...
  4. Property Owner and Snow/Ice Contractor Shielded Against Slippery Plaintiff (PA) Thursday, July 27, 2017 - On July 24, 2017, the Superior Court of Pennsylvania summary judgment in favor of the defendants in Castaldi v. Light Acadia 11-89 et al..  The case arose out of an alleged slip and fall when on January 17, 2012, the … Continue reading ...
  5. Emergency Doctrine Not Enough to Save Mechanic from Liability in Motor Vehicle Accident (NY) Thursday, July 27, 2017 - In D’Augustino v. Bryan Auto Parts Inc., 2017 Slip Op 05708 (2d Dept. 2017), defendant Boyle parked his car on a street near Bryan Auto Parts to obtain a New York State Inspection. Prior to conducting the inspection, defendant Rattray, … Continue reading ...
  6. Additur: Lowest Possible Verdict Standard Applies (NJ) Tuesday, July 25, 2017 -   Additur is a legal mechanism, seldom seen in some jurisdictions, wherein a court may correct a damages verdict, if the court feels 1) the verdict rendered constitutes a manifest injustice, 2) the verdict can be corrected without disturbing the … Continue reading ...
  7. A Bridge Too Far – 1st Department Reverses Labor Law § 241(6) Claim Following Construction Accident on Whitestone Bridge (NY) Tuesday, July 25, 2017 - In James v Alpha Painting & Constr. Co., Inc, the First Department recently adopted a broad interpretation of section 23-8.2(d)(3) of the Industrial Code, which governs “mobile crane travel.” The case arose from injuries sustained by plaintiffs Darren James and … Continue reading ...
  8. Mason Found to Fabricate Scaffolding Accident (NY) Monday, July 24, 2017 - The Queens County Supreme Court recently tried a case in which plaintiff alleged he fell off a scaffolding, injuring himself in Klimowicz v. Powell Cove Associates LLC et al. The plaintiff in Klimowicz was a mason and allegedly injured his right … Continue reading ...
  9. Court Rules Against Homeowners For Staircase Fall (NY) Friday, July 21, 2017 - In Lee v Acevedo the plaintiff fell backwards down a basement staircase inside the defendants’ home. The plaintiff testified at a deposition that she was standing on a landing at the top of the staircase, attempting to close a bedroom … Continue reading ...
  10. Release Bars Dumbbell Injury at Health Club (NJ) Friday, July 21, 2017 - In Pulice v. Green Brook Sports & Fitness, New Jersey’s Appellate Division addressed whether plaintiff’s signed waiver released a health club from liability for injuries she suffered while exercising at the club. When plaintiff first joined the health club, she … Continue reading ...
  11. Replacement Cost Policy Must Actually Provide Replacement Cost Coverage (PA) Thursday, July 20, 2017 - In Kurach v. Truck Insurance Exchange, a Pennsylvania Court awarded summary judgment to a homeowners’ policy holder who alleged that the replacement cost coverage policy was actually not replacement cost, as the terms of the policy allowed the insurance company … Continue reading ...
  12. Bones in Fish not like Frog in the Soda Can (NY) Thursday, July 20, 2017 - The media loves to report on stories involving dead animals or weird objects found in food, like a frog in a can of soda or a finger in a frozen custard container.  In New York, the standard for recovery in … Continue reading ...