Recently, courts have begun to uphold increasingly high damage awards for plaintiffs’ injuries indicating a change into the modern era where the cost of living and earnings have increased, reflecting the ability of defendants to pay more.
In the case of Perez v. Live Nation Worldwide, Inc., 2021 BL 134621, N.Y. App. Div. 1st Dep’t, No. 13579, April 13, 2021, a Manhattan judge reduced a...Read More
In Potenzo v. City of NY, the Appellate Division, First Department addressed whether the plaintiff was entitled to partial summary judgment against the defendants City of New York and Tishman Technologies on the Labor Law § 241(6) claim.
Plaintiff brought this cause of action against the defendants for personal injuries sustained when he fell on ice while walking on a path between “the...Read More
In Infant v. Loisaida Inc, plaintiff, a thirteen-year-old, was injured when, as he was fielding at third base in a baseball game, a baserunner slid into the base and collided with his left shin. Infant plaintiff brought suit alleging negligence of the league for his injuries. Defendants argued that the plaintiff assumed the risk, as he had played baseball for seven years. The lower court...Read More
In Palermo v. 7 West 21 LLC, the First Department considered the application of Labor Law 240(1) when work has paused for a break. Plaintiff Palermo and his coworker had just pried a wood form off of a wall where concrete formwork was being done. The wood form measured 3 by 3 feet wide, 8 by 12 feet long, and weighed approximately 175 to 200 pounds. Plaintiff asked to take a short break to...Read More
The Superior Court of Pennsylvania recently ruled that “industry standards” evidence may be barred in matters dealing with strict liability. In Sullivan v Werner Company, the appellate court finally provided guidance related to the Pennsylvania Supreme Court’s previous decision in Tincher v. Omega Flex as it relate to industry and governmental standards evidence.
The underlying incident...Read More
In Chiaramonte v. Town of Smithtown, plaintiff was playing in a charity softball tournament sponsored by the defendants when she slipped on a muddy surface of one of the fields running from second to third base, allegedly injuring herself. The plaintiff subsequently commenced the instant action to recover damages for personal injuries against the defendants, alleging that they were negligent...Read More
When a new condominium building in New York City is found to have construction defects, who pays?
In 2013, New York courts ruled that condominium boards could only seek compensation from investors if the board could prove a fiduciary relationship existed between the board and the investors. This ruling made it almost impossible for boards to recoup compensation for construction defects because...Read More
In Jackson v. Bethel A.M.E, the Appellate Division, Second Department addressed whether the defendants were entitled to summary judgment on the issue of liability after the plaintiff allegedly fell while descending an exterior staircase owned by defendants Bethel A.M.E and African American Methodist Episcopal Church (“Bethel Defendants”).
Bethel defendants retained co-defendant...Read More
The Eastern District of Pennsylvania recently determined that an insurance company had no duty to contribute to a settlement over a car accident involving its insured’s employee while the employee was driving a noncompany vehicle. In Continental Casualty Company v. Pennsylvania National Mutual Casualty Insurance Company, the court determined that there was no coverage as the employee did not...Read More
The United States District Court for the Western District of Pennsylvania recently determined that an insurer did not owe defense or indemnification to a homeowner who allegedly punched another person while attending a concert. In State Farm Fire and Casualty Company v Simone, the insurance company filed a declaratory judgment action against its insured and moved for judgment on the...Read More