Author: Heather Aquino

Contractual Tort Claim Is Anything But “Spot On” (NY)

This week we present an interesting ruling from the Second Department in New York on contractual liability to a third-party. In Qoku  v 42nd St. Dev. Project, Inc., 2020 NY Slip Op 05543, the plaintiff slipped and fell on an oil spot on the floor of a loading dock and sued the defendant-janitorial company claiming negligence pursuant to its contractual obligations with a non-party. Normally, a...Read More

Two-Year Old Photo is Sufficient to Support Negligence Claim (PA)

In Taylor v. Lots for Sale LLC, plaintiff fell and was injured when she stepped into a two-inch drop-off on the sidewalk in front of Lots for Sale, LLC (“Lots for Sale”). At the non-jury trial, the plaintiff presented photos of the sidewalk where she fell, including photos establishing that the drop-off existed for more than two years before her fall.  The trial court found in Taylor’s favor,...Read More

Third Circuit Court of Appeals Affirms District Court’s Finding (PA)

In Republic Franklin Square Insurance Company v. Bethren Mutual Insurance Company, Republic Franklin brought a declaratory judgment and equitable subrogation action in the Eastern District of Pennsylvania against Brethren Mutual seeking reimbursement of $175,000 it paid on behalf of its insured Paul Lamb to settle a personal injury action. In the underlying case, the plaintiff brought suit...Read More

No Coverage for Negligent Supervision Claim (PA)

In Michele Kahana v. Allstate Vehicle and Property Ins. Co., the U.S. District Court for the Eastern District of Pennsylvania analyzed whether an auto insurer had a duty to defend and indemnify a claim of negligence per se arising out of an auto accident. The claim was asserted against Kahana, the mother of the minor decedent who was struck while walking alone after midnight while dressed in...Read More

Despite Error, Insurer Escapes Liability for UM/UIM Coverage

In Beach v. The Navigators Ins. Co., No. 1550 MDA 2019 (Pa. Super. Ct. Sept. 11, 2020), the plaintiffs sought UIM coverage under an automobile insurance policy issued to their employer. The dispute centered on the applicable limits of the UIM policy. The question as to the applicable UIM limit arose out of an error the insurer made when renewing the policy at issue. Beaches’ employer sought to...Read More

Disrupting New York’s Labor Law (NY)

Labor Law 240, often referred to as the Scaffold Law, was passed in 1885 to enforce various safety protocols to prevent slips and falls for construction workers working at heights. Court rulings interpreting the Scaffold Law imposed little responsibility on injured employees, making it difficult for employers to cite comparative negligence to avoid liability. The Scaffold law, which creates an...Read More

Keep on Stacking . . . PA Court Declines Insurer’s Request to Deny UIM Benefits (PA)

In Donegal Mutual Insurance Company v. Kevin Krautsack, et al, the Court of Common Pleas of Lancaster County held that “the household vehicle exclusion violates the Motor Vehicle Financial Responsibility Law (“MVFRL”); therefore, these exclusions are unenforceable as a matter of law.” The case stems from an accident in which Kevin Krautsack was injured while riding his mother’s motorcycle....Read More

Outstanding Discovery Not Enough To Stop A Partial Summary Judgment Finding (NY)

In Mallory v. City of New York , et al., the Supreme Court, New York County, found that outstanding discovery is not a barrier to partial summary judgment. In Mallory, the plaintiff filed a lawsuit seeking damages for injuries sustained in a motor vehicle accident. The plaintiff moved for partial summary judgment on liability, arguing that the defendants could not provide a non-negligent...Read More

New York Judge Finds Probable Cause to Grant Summary Judgement (NY)

In Showon v. City of New York, the plaintiff brought a cause of action against the City of New York for false arrest, false imprisonment, malicious prosecution, and battery after being arrested for running over a passenger’s foot and leaving the scene of an accident. In the criminal case, the plaintiff taxicab driver who allegedly ran over a passenger’s foot was prosecuted for leaving the...Read More

The New Normal (NY)

The New York Supreme Court Commercial Division has enacted a new rule that allows attorneys to request permission to appear remotely before commercial judges based on a showing of a good cause. The new rule is a clear shift from the status quo of courts operating on an ad hoc basis filled with administrative court adjournments and trial delays. However, what separates the Commercial...Read More