Of Interest

  1. Issue of Fact Precludes Assumption of Risk Summary Judgment Argument (NY) Thursday, December 14, 2017 - In the matter of Lee v Brooklyn Boulders, LLC (2017 NY Slip Op 08660), the Second Department Appellate Division confronted, and further diminished, the applicability of the primary assumption of risk doctrine. Plaintiff was allegedly injured at the defendant’s rock … Continue reading ...
  2. Ten Years After — Court Dismisses Complaint after LONG period of inactivity (PA) Thursday, December 14, 2017 - I may be dating my musical tastes with this post, but the 1970’s rock band, Ten Years After, once had a hit single, called “I’d Love to Change the World.”   Well, if a plaintiff is looking to change the world … Continue reading ...
  3. Lengthy, “Deliberate” Deliberations Are Not Cause for a Mistrial (PA) Wednesday, December 13, 2017 - On December 8, 2017, the Superior Court of Pennsylvania affirmed a defense verdict on appeal in Berry v. Dickson et al. Plaintiff Berry sued several defendants, alleging negligent maintenance of a building after a piece of ceiling collapsed and injured Berry.  … Continue reading ...
  4. Second Department Reiterates Defendants’ High Burden in Negligent Supervision Case (NY) Wednesday, December 13, 2017 - In K.J. v. NYC BOE., the Second Department recently discussed the high threshold required to prevail on a motion for summary judgment in a negligent supervision case. The case arose from an incident in December of 2014, when the 14 … Continue reading ...
  5. Plaintiff Assumed Risk of Funplex Foam Balls (NJ) Tuesday, December 12, 2017 - In Osei-Amoako v. Stafford FEC, Plaintiff broke her ankle when she slipped and fell on foam balls while supervising her four-year-old son in an amusement attraction, Foam Frenzy, at the Funplex owned and operated by defendant. The court granted summary judgment … Continue reading ...
  6. Vague Discovery Responses Insufficient to Withstand Dismissal (NY) Tuesday, December 12, 2017 - One of the most important parts of our practice, especially in terms of litigation, is the receipt of discovery and providing discovery to our adversaries. Document and information exchange often leads to motion practice where a party refuses to provide … Continue reading ...
  7. Vicarious Liability Raised in Hospital Fall (PA) Thursday, December 7, 2017 - In Hodge v. Aramark, LLC, the plaintiff, an operating room nurse at Holy Redeemer Hospital, was working after hours on an on-call basis when she entered sub-sterile scrub room to retrieve supplies for the next surgery. As she walked into … Continue reading ...
  8. Worker Denied UIM Benefits Under Regular Use Exception (PA) Thursday, December 7, 2017 - In Reeves v. The Travelers Co. the United States District Court for the Eastern District of Pennsylvania evaluated whether the “regular use exception” applied. The regular use exception excludes coverage for bodily injuries sustained while occupying or when struck by any motor … Continue reading ...
  9. No Foul: Plaintiff Assumed the Risk of Playing Basketball (NY) Wednesday, December 6, 2017 - In Hanson v. Sewanhaka, et. al, the plaintiff allegedly was injured during a basketball game in a gym class at Elmont Memorial High School when he was kicked in the leg by another student, the defendant Malik Freeman. The plaintiff … Continue reading ...
  10. Pirelli Prevails Using Plaintiff’s Conduct in PA Products Matter Wednesday, December 6, 2017 - In Pennsylvania strict products liability cases, defendants are not permitted to introduce evidence of a plaintiff’s negligence. To prove a strict-liability cause of action, the plaintiff must prove: (a) the product was defective, (b) that it was defective when it … Continue reading ...
  11. WCM Shares the Holiday Spirit Tuesday, December 5, 2017 - On November 30, 2017, WCM Counsel Colleen Hayes and Associate Hillary Ladov, both of the Philadelphia office, helped make the holidays a little brighter for the children supported by Turning Points for Children with a donation at the annual Philadelphia … Continue reading ...
  12. An Insured’s Failure To Timely Repair or Replace Property May Limit Recovery Under Policy Thursday, November 30, 2017 - In Brown, et al. v. Everett Cash Mutual Insurance Company, et al., the insureds property was completely destroyed by a fire.  Everett made various payments to the insureds under the policy, including payment for damage to the residence itself at … Continue reading ...