COVID Court Ruling (NY)
Adding to the quickly growing body of COVID-related insurance case law, a New York federal judge recently held that an art gallery could not recover financial losses due to government-mandated closures, finding that there was no “direct physical loss” as required by the policy. The Guy Hepner art gallery in Chelsea had a policy with Sentinel Insurance Company which contained a “business...Read More 0
COVID-19 Relief and Liability Provisions
The latest round of federal COVID-19 relief fails to cover one major sticking point in the negotiations: liability. The GOP spent months attempting to integrate a provision limiting liability for COVID-related lawsuits into the relief package, insisting that a one-year statute of limitations and limited types of permissible claims were the only way to truly protect businesses and other...Read More 0
NY’s “Pothole Law,” Prior Written Notice Statutes, and the Affirmative Negligence Exception (NY)
In Martin v. City of New York, No. 12318, 2020 WL 7347089 (1st Dep’t, Dec. 15, 2020), the Appellate Division, First Department clarified a municipality’s liability exposure, pursuant to a prior written notice statute and the affirmative negligence exception. In Martin, Plaintiff alleged he sustained personal injuries when falling on a roadway in the Bronx. Defendant owned and maintained the...Read More 0
by Colleen HayesDecember 23, 2020 Litigation, Negligence, New Jersey, Of Interest, Premises Liability0 comments
NJ Appellate Division Refuses Plaintiff’s Attempt to Strike an Element of New Jersey’s Res Ipsa Loquitur Doctrine (NJ)
The matter Pannucci v. Edgwood Park Senior Housing, et al., involved an elderly plaintiff who was injured while entering an elevator in her senior living facility. The plaintiff sued the owner of the premises, the owner’s property manager and the elevator maintenance company retained by the property manager. At issue in the case, was the doctrine of Res Ipsa Loquitur (the thing speaks for...Read More 0
Prime Time To Sue Amazon
Amazon has traditionally been exempt from various states’ product liability laws by successfully arguing that Amazon is not a “seller” when it comes to products sold by third-parties through Amazon’s website. Previously, a California Appellate Court overturned a lower court and ruled that Amazon.com played a pivotal role in every step of a plaintiff’s purchase of a replacement laptop computer...Read More 0
Pennsylvania Supreme Court Refuses to Implement Bright Line Rule on Defective Jury Awards
Last week, the Pennsylvania Supreme Court in Mader v. Duquesne Light Company, refused to implement a bright line rule with respect to mandating a trial court’s options when a jury returns an inconsistent, favorable plaintiff verdict with an inconsistent damages award. Instead, the Court indicated that trial courts largely have broad discretion in terms of requiring new trials for damages. As...Read More 0
NJ Federal Court Rejects E&O Insured’s Claim for Spoofing Loss
In Authentic Title Services, Inc. v. Greenwich Insurance Company, et. al, the District Court of New Jersey held that coverage was barred under an E&O Policy for a loss resulting from a spoofing scam based on an exclusion for claims resulting from “misappropriation” of funds. The insured, Authentic Title Services, obtained a Title Professional Liability Errors and Omissions policy from...Read More 0
NJ Court Holds Statutory Insurance Minimums Supersede Stated Policy Coverage Limits
The matter of Rafanello v. Taylor-Esquivel arose out of a multi-vehicle accident involving a commercial dump truck operated by Jorge Taylor-Esquivel and under the control of his employer, NAB Trucking (the truck was leased). Esquivel, however, was not listed in the Covered Driver’s section of NAB’s liability policy. The trial court determined that NAB’s exposure was capped at $35,000 which, in...Read More 0
NY Civil Trial Practice Update: Admissibility of Uncertified Police Reports
The Appellate Division of the Supreme Court of New York, Second Department’s recent ruling in Yassin v. Blackman, 188 A.D.3d 62 (2d Dep’t 2020) abrogates prior case law, which had previously held a party’s admission in an uncertified police report was admissible. Following Yassin, an uncertified police accident report no longer constitutes admissible evidence, absent a proper foundation for...Read More 0
by Colleen HayesNovember 25, 2020 Motion Practice, Of Interest, Pennsylvania, Premises Liability0 comments
EDPA Grants Partial Summary Judgment on Negligent Hiring and Vicarious Liability Claims
In Hena v. Target Corporation, 2020 WL 6321581 (E.D. Pa. Oct. 28, 2020), the Eastern District of Pennsylvania dismissed claims for negligent hiring and vicarious liability arising from a slip and fall accident. In brief, in August 2018, Beatrice Hena was shopping in a Target store in Philadelphia when she “slipped on a slippery and dangerous wet floor and fell, causing her to suffer serious...Read More 0