Author: Heather Aquino

Pennsylvania Supreme Court Declines to Adopt the “Continuous Representation Rule” for Legal Malpractice Claims

In Clark v. Stover, et al., the Pennsylvania Supreme Court declined to adopt the continuous representation rule to toll the statute of limitations in legal malpractice claims. This case arose from Stover’s representation of his client, the testator’s brother in an estate lawsuit filed in 2008, as well as a second related-complaint filed in 2010. After both lawsuits failed, in 2015, Clark filed...Read More

Slip & Fall Shows a Mountain of Triable Issues of Fact (NY)

In Jubie v. Emerson Management Enterprises, LLC, (3d Dept. 2020), a plaintiff slipped and fell on an icy parking lot in Ulster County, NY. Plaintiff commenced an action against the management company for the parking lot, and subsequently named Kenneth Umhey in her action, because he provided snow removal services for the parking lot under contract with the management company. Umhey moved for...Read More

Damage Award Not Guaranteed Where Jury Finds Negligence and Causation (PA)

The Pennsylvania Superior Court recently affirmed a jury award of no damages in a three car auto accident case where the jury found one of the defendants negligent and the factual cause of the alleged injuries. See Felder v. Kukuyev, et al., 2020 WL 7780060, No. 920 EDA 2020 (Pa. Super. Ct. Dec. 30, 2020). In Felder, the Plaintiffs sought to recover non-economic damages (i.e. pain and...Read More

Conclusory Allegations of Bad Faith Against Insurer Insufficient to Survive Motion to Dismiss (PA)

Recently, in Daniel Dietz v. Liberty Mutual Insurance Company, the Eastern District of Pennsylvania considered whether the factual averments in the plaintiff’s complaint were sufficient to overcome Liberty Mutual Insurance Company’s partial motion to dismiss Dietz’s bad faith claim pursuant to Federal Rule of Civil Procedure 12(b)(6). By way of brief background, Dietz was involved in a motor...Read More

Excess Coverage: Unlimited Exposure for the Excess Carrier? (PA)

In Jin Ming Chen v. Insurance Company of the State of Pennsylvania (Ct. of Appeals, 2020), Plaintiff commenced a personal injury suit after sustaining an injury at a construction site. At the time of the suit, defendant Kam Cheung Construction maintained both primary and excess coverage. The combined coverage limits totaled five million dollars per occurrence: one million per occurrence from...Read More

Oil Spill in Parking Lot Was Not Open and Obvious (PA)

A recent decision from the Pennsylvania Superior Court highlights the importance of ensuring clear and thorough testimony from witnesses both during depositions and at the time of trial. In Wilson v. Autozone Stores, the plaintiff sustained injuries in a fall outside an Autozone. At trial, plaintiff testified he noticed a “gooey, slippery” substance on his shoes as he entered the store and...Read More

Pennsylvania Court Declines to “Branch Out” and Impose a Duty

When is a legal duty undertaken to a third party? In Matthews v. Prospect Crozer LLC, et al., the Pennsylvania Superior Court examined this question in the matter of a falling tree branch and an injured plaintiff. The plaintiff was walking on a public sidewalk when a maple tree branch fell from above, striking the plaintiff, and causing severe injuries. The plaintiff sued numerous parties,...Read More

Trivial Defects: A Bar to Plaintiff’s Recovery (NY)

In Speredowich v. Long Island Rail Road Company, the plaintiff commenced a personal injury action against defendant after the heel of her shoe got caught in a crack on a platform in Penn Station. The plaintiff fell and sustained injuries.  At trial, the plaintiff testified that the crack was “approximately ½ inch wide, 9 to 12 inches long, and ¼ inch deep.” Following plaintiff’s testimony, the...Read More

A Tree Falls in Orange County, Does it Make a Sound (of Liability) (NY)

In Pozzani v. Village of S. Blooming, the plaintiff was driving through the Village when a tree fell on her car. Plaintiff sustained injuries, and sued the Village. There was no evidence that the Village knew that the tree was in an unsafe condition before the accident. The Village moved for summary judgment, arguing that it had no actual or constructive notice that the tree was in a dangerous...Read More

Business Interruption Claims in the Covid-19 Era: The Trend Continues

Earlier this week, a federal judge in the U.S. District Court for the Southern District of Florida dismissed a lawsuit seeking coverage for losses associated with the COVID-19 pandemic. In El Novillo Restaurant, et al. v. Certain Underwriters at Lloyd’s, London, et al., the plaintiffs filed suit seeking coverage for business income losses due to Covid-19.  In response to the amended complaint,...Read More