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 0
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 0
Lack Of Maintenance Records Leads To Denial Of Summary Judgment (NY)
In Smith v Montefiore Medical Center, 2021 NY Slip Op 01872 (1st Dept. 2021), the First Dept. reviewed a denial by the lower court of a defendant’s motion for summary judgment. Plaintiff alleged that he slipped and fell on dirty ice in front of the emergency room at the Montefiore Hospital. The spot of the fall was covered by a canopy. Montefiore moved for summary judgment, noting that two of...Read More 0
Only the Beginning? Pennsylvania Trial Court Finds Coverage for COVID-Related Business Losses
In a possible preview of things to come, in Ungarean v. CNA and Valley Forge Insurance Company, the Allegheny Court of Common Pleas ruled in favor of a Pittsburgh area dentistry, finding its COVID-related business losses were covered. Ungarean sought coverage for business income, extra expense, and civil authority coverage. Following the denial of the claim, he filed a declaratory judgment...Read More 0
Manufacturer’s Substantial Business Supports Finding of Specific Jurisdiction
On March 25, 2021, the U.S. Supreme Court issued its decisions in Ford Motor Co. v. Montana Eight Judicial District Court et al., and Ford Motor Co. v. Bandemer. By way of brief background, in both cases, the states exercised jurisdiction over Ford in products-liability actions stemming from auto accidents. In both cases, the Ford involved in the accident was brought to the state via the...Read More 0
ACV Does Not Include Replacement Costs For A Total Loss (PA)
In Davis et al. v. Progressive Advanced Ins. Co. et al., the United States District Court for the Eastern District of Pennsylvania recently analyzed whether the plain language of the plaintiffs’ Davis and Gress’ insurance policies required Progressive to pay the Plaintiffs the actual cost value (“ACV”) for a total loss to their vehicles, and if so, whether the ACV includes replacement...Read More 0
Joyride Fails to Bring Joy to Injured Passenger (NJ)
New Jersey motorist Sheavonra Adderly was involved in a one-car collision that caused injury to one of her passengers. That passenger sought coverage under the vehicle’s insurance policy issued by Liberty Mutual. However, Adderly was not the owner of the vehicle involved in the accident, and the policy excluded coverage if a person drives the covered vehicle without a reasonable belief...Read More 0
Got Privilege? Think Again (PA)
In Virnelson v. Johnson Matthey, the Pennsylvania Superior Court addressed whether the defendants were required to disclose an on-site investigative report prepared by an engineering consultant after an accident. The plaintiff in this matter fell to his death after he inhaled excessive levels of nitrogen. Five days later, the defendants retained an engineering consultant to perform a site...Read More 0
Vicious Propensity Rule: Not a Protection for All (NY)
In Hewitt v. Palmer Veterinary Clinic, PC, 35 N.Y.3d 541, 547, 159 N.E.3d 228, 231 (2020), the plaintiff sustained injuries in the Palmer Veterinary Clinic’s waiting room when a dog attacked her, resulting in bodily injuries. The defendant Palmer raised the vicious propensity rule and argued that it had no prior knowledge of the canine’s vicious propensities. The Appellate Division agreed with...Read More 0
by Heather AquinoMarch 5, 2021 Litigation, New York, Of Interest, Premises Liability, Sports Injuries0 comments
Take Me Out To The Muddy Ballgame (NY)
This week, we bring you a slip and fall involving a softball game in Smithtown, NY. In Chiaramonte v. Town of Smithtown, 2021 NY Slip Op 01244 (2d Dept. 2021), defendants were granted summary judgment dismissal of all claims for a plaintiff who slipped and fell on muddy field conditions while she was playing a charity softball game organized by defendants. The defendants won dismissal by...Read More 0