Insurance Coverage Granted for Restaurant’s Loss of Business Income Caused by COVID-19
By way of brief background, in response to the spread of COVID-19, the Pennsylvania Governor issued mandates and orders that required all non-life sustaining businesses in Pennsylvania to cease operations and close physical locations, and citizens to stay at home. Due to these mandates and the spread of COVID-19, the plaintiff, Macmiles, LLC D/B/A Grant Street Tavern (“MacMiles”), suspended...Read More
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New York Court of Appeals Expands the Term “Immediate Family”
On February 18, 2021, the New York Court of Appeals expanded the term “immediate family” to include grandparents in claims for negligent infliction of emotional distress (NIED). The decision is the result of a heart-wrenching case involving the death of a 2-year old child. In Greene v. Esplanade Venture Partnership, 2021 WL 623832 (2021), the child and her grandmother were struck by pieces of...Read More
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No Notice Means No Recovery in NY
In Barreto v. 750 Third Owner, LLC, 2021 NY Slip Op 02868 (1st Dept. 2021), the plaintiff slipped and fell in a commercial building’s lobby due to rainwater. Defendants argued that they had no constructive or actual notice of the defect on the floor because a record search did not show any complaints about water on the lobby floor prior to the accident. The defense further argued that a...Read More
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For Whom Do I Sign? New Jersey Appellate Division Finds Chaperone Lacked Authority to Sign Liability Waiver
In Gayles v. Sky Zone Trampoline Park, et al., the Superior Court of New Jersey Appellate Division examined whether a parent had apparent authority to sign a liability waiver on behalf of the parents of other children who attended her son’s birthday party at a trampoline park. Under the facts of the case, the parent chaperone, Joan Tongol, invited the plaintiff’s son, as well as eight other...Read More
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Compliance with Industry Standards Inadmissible in PA
The Pennsylvania Superior Court recently issued an opinion that deals plaintiffs a major victory in product litigation. See Sullivan v. Werner Company, et al., 2012 Pa. Super. 66 (Pa. Super. Ct. April 15, 2021). Sullivan was injured when he fell from scaffolding manufactured by Werner. Sullivan was familiar with the product and testified to assembling “hundreds” of scaffolds through the course...Read More
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You’re Fired! Court Weighs Admissibility Of Termination Letter (NJ)
In Hassan v. Williams and ABF Freight, Inc., the plaintiff truck driver was injured when his tractor trailer was rear-ended by the tractor driven by defendant Roland Williams. Plaintiff brought suit alleging negligence and negligence per se for his injuries. Defendants argued that plaintiff merged onto the highway from the entrance at a slow speed cutting in front of defendant. Following...Read More
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No Liability In NY For Barking Dog
In the recently decided Stack v. Manfredi the Bronx County Supreme Court granted summary judgment in favor of defendants who demonstrated that they had no knowledge of their dog’s vicious propensities. The decision resulted in a dismissal of plaintiff’s complaint, which arose from alleged personal injuries when she braced herself against the defendants’ door to prevent being bitten by their...Read More
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Trap Down Leads To Store Owner’s Victory (NY)
In Vaughan v. Triumphant Church of Jesus Christ, 2021 NY Slip Op 02560 (2d Dept. 2021), a plaintiff fell down an open trap door in a deli and sued the owner of deli and the building owner. The building owner moved for summary judgment arguing that it did not control the premises and had no notice of the dangerous condition. “An out-of-possession landlord is not liable for injuries that...Read More
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Late Notice of Tort Claim Approved? Not So Fast (NJ)
In New Jersey, a plaintiff sought to file a late notice of tort claim identifying a police officer that she claimed was responsible for her injuries. The plaintiff in Pagan v. Rivera sought help from the police department when she was threatened by a former boyfriend in violation of an Order of protection. Despite plaintiff’s concerns that the former boyfriend could be hiding in her apartment,...Read More
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Piano Lawsuit Dismissed – Music to the Defense’s Ears (NJ)
What do you do when the very experienced piano movers that you hired are unable to move the piano on your property? In a recent New Jersey case, the defendants were faced with that dilemma after the plaintiff was unsuccessful at moving a piano down the home’s stairwell. In Barbato v. Gallagher, the defendant homeowners noted that the piano had been moved into the home by utilizing the back...Read More
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