Of Interest

  1. WCM Obtains No Cause Result in Philadelphia Premises Case. Friday, December 9, 2016 - Partner Robert Cosgrove and associate Erin Connolly recently obtained a finding of “no cause” in a Philadelphia County slip-and-fall case. In Yolanda Jefferson v. Marriott Hotel Services, Inc., the plaintiff alleged that she slipped and fell on snow and ice … Continue reading ...
  2. “Innocent” Misrepresentation Leads to Policy Rescission for Homeowners (NY) Friday, December 9, 2016 - A New York appellate court recently dealt with the issue of whether a homeowner’s policy could be rescinded, despite proof of fraud.  In Joseph v. Interboro Insurance Company, the plaintiffs needed to obtain homeowners insurance prior to closing on a … Continue reading ...
  3. Jury Must Decide Whether Release Obtained by Fraud (PA) Friday, December 9, 2016 - A Pennsylvania court recently dealt with whether claims of a language barrier were sufficient to raise issues of fact as to whether a release was obtained by fraud.  In Del Pielago v. Orwig, the defendant failed to stop at a … Continue reading ...
  4. Speculation Doesn’t Create an Issue of Fact (NY) Friday, December 9, 2016 - In Acadia Constr. Corp. v ZHN Contr. Corp. a fire broke out in the plaintiff’s construction and millwork business building. The plaintiff contended that sparks from welding on the roof of the defendants’ neighboring building traveled to the roof of … Continue reading ...
  5. WCM Awarded Summary Judgment in Philadelphia County Construction Defect Case. Saturday, December 3, 2016 - Partner Bob Cosgrove and associate Erin Connolly were awarded summary judgment in the Pennsylvania Court of Common Pleas, Philadelphia County, in a construction defect lawsuit. The case of Horowski v. Neal F. Rubin, et al. arose out of the new … Continue reading ...
  6. Insurer’s Subrogation Suit Barred By Settled Condominium Claims   Thursday, December 1, 2016 - In Franklin Mutual Insurance Company v. Castle Restoration and Construction, Inc. and Falcon Engineering, Co., LLC, the Appellate Division for the Superior Court of New Jersey discussed whether the entire controversy doctrine precluded an insurance company from litigating settled claims.    … Continue reading ...
  7. Plaintiff Fails to File Proper Notice under Torts Claims Act is Fatal Thursday, December 1, 2016 - At Wade Clark Mulcahy, we often defend cases against public entities. The New Jersey Torts Claims Act requires a claimant to file a notice of claim against a public entity within ninety (90) days of the incident.  The case of … Continue reading ...
  8. Philadelphia Jury Awards Man $2,729 in Past Medical Costs for Fractured Ankle Thursday, December 1, 2016 - A “trial loss” is not always as bad as it sounds. In murray-v-tripoldi, a Philadelphia jury awarded the plaintiff, who fractured his ankle after slipping and falling on an icy residential sidewalk, just $2,729 in past medical expenses. In February … Continue reading ...
  9. Handicap Ramp is not “Special Use” of the Curb Thursday, December 1, 2016 - Although a landowner is responsible for maintaining sidewalks that abut its property, it is not responsible for curbs or ramps unless there is a defect on the curb/ramp that was created by the landowner or due to the landowner’s special … Continue reading ...
  10. Pennsylvania Court Lacks Jurisdiction Over Settlement Once it was Discontinued Monday, November 28, 2016 - The Pennsylvania Superior Court recently ruled that it did not have jurisdiction to enforce a settlement agreement. In Camp Horne Self Storage LLC v. Lawyers Title Ins. Corp., the insured sued its insurer alleging breach of contract, bad faith and … Continue reading ...
  11. Watersport or Horseplay? Risk Assumption Either Way. Wednesday, November 23, 2016 - Plaintiff, Jin Chung, an experienced watersports instructor, was filming a wakeboarder while both were being towed by a boat on 60’ and 65’ towropes respectively.  When the boat turned as it neared the shoreline, it crossed its own wake.  The … Continue reading ...
  12. Happy Thanksgiving From Our WCM Family To Yours! Tuesday, November 22, 2016 - We wish you all a happy holiday!