Author: Suzan Cherichetti

ALL BARK NO BITE-A Dangerous Dog Registry is Among the Bills to be Voted on by Nassau County Legislature Next Week (NY)

Legislator John Ferretti proposed a bill entitled, “Benny’s Law” to help protect people and pets within the community. The bill was inspired after the lawmaker’s 1-year old terrier, Benny, was attacked by a neighbor’s dog. Although the dog who attacked Benny is currently on probation, the Ferretti fears that since the dog was returned to its owners, other incidents between...Read More

No Bad Faith, No Consequential Damages! Florida Supreme Court Denies Insured’s Attempt To Recover Extra-Contractual Consequential Damages in a First-Party Property Claim

A recent decision from the Supreme Court of Florida punctuates well-established federal precedent that consequential damages in insurance disputes are not recoverable absent a separate action for bad faith.  In Citizens Property Ins. Corp. v. Manor House LLC, et al, Manor House, owner of rental apartment buildings, filed an action against its property insurer for breach of contract and fraud...Read More

You’re No Expert! $6.3 Million Verdict Tossed Because Expert Testimony on Pain and Suffering had No Sufficient Basis (PA)

In Cowher et al. v. Kodali et al., the Pennsylvania Superior Court granted a retrial because of erroneously admitted expert testimony.  Cowher, brought a wrongful death and survival medical malpractice claim against the doctor that failed to recognize her husband’s heart condition, which ultimately led to his fatal heart attack.  Mr. Cowher went to see defendant Dr. Sobhan Kodali after he...Read More

Economic Loss Doctrine Does Not Bar Claims Under UTPCPL Where Those Claims Are Not Based on Contractual Duties Between the Parties (PA)

Pennsylvania’s economic loss doctrine bars suits for negligence that result solely in economic loss without any accompanying personal injury or property damage.  In Dukich v. IKEA US Retail LLC, the Eastern District of Pennsylvania clarified that the economic loss doctrine does not preclude claims under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) and a theory of...Read More

Read it and Weep: Plaintiff’s Case Against Insurer Dismissed for Failure to Understand the Insurance Policy (NJ)

In Giselle Polizzi v. Liberty Mutual Fire Insurance Company, the United States District Court for the District of New Jersey case gave a lesson in policy interpretation following a dispute over an automobile policy. In this case, Giselle Polizzi (“Polizzi”) was injured in a car accident with an underinsured motorist while borrowing her parents’ vehicle. Due to language in an endorsement within...Read More

Covid-19 Closures and the Reasonable Expectations of a Commercial Insured is still undecided in Pennsylvania (PA)

COVID-19 related insurance litigation has often left insurers with more questions than answers. In Brown’s Gym, Inc. v. The Cincinnati Ins. Co., another open question of law in Pennsylvania is being looked at in relation to such a COVID-19 initiated case. Here, the Court of Common Pleas of Pennsylvania in Lackawanna County recently ruled that a case by a commercial insured looking to sue...Read More

Trial Court’s Erroneous Instruction on Expert’s Testimony Regarding “Recklessness” Overturns a $2,000,000 Verdict and Orders a New Trial (PA)

James Temple, Administrator For The Estate of Elma B. Temple v. Providence Care Center, LLC D/B/A Providence Care Center involved a fall of a resident, Elma Temple at a nursing home, Providence Care Center in 2011. After the trial resulted in a verdict of $2 million in compensatory damages and $250,000 in punitive damages, Providence filed a motion for judgment notwithstanding the verdict. The...Read More

There is No Such Thing as the “Sudden Emergency Defense” according to the Pennsylvania Supreme Court (PA)

In Graham v. Check, the Pennsylvania Supreme Court held that the “sudden emergency doctrine” should not be understood as a defense to alleged negligent driving. Further, a claimed “sudden emergency” will not diminish the standard of care drivers should exercise. In the early morning hours of March 6, 2018, plaintiff Francis Graham crossed the street without a “walk signal.” He was wearing all...Read More

Plaintiff Falls Short in Premises Liability Matter (PA)

The Pennsylvania Superior Court provided important provides insight into the potential arguments that arise when a plaintiff is injured in a client’s rental property. In Monica Sprouse v. Daniel Keller and Kim Keller, & Donald Neill and Re/Max Action, plaintiff Monica Sprouse  unsuccessfully appealed the trial court’s decision which granted defendants motions for summary judgment. At the...Read More

Insurer’s Assault and Battery Exclusion upheld in Bronx County Supreme Court for a Slip and Fall Arising from Spilled Drinks during a Club Melee (NY)

Quanisha Simmons commenced a personal injury action against Blvd Bar & Lounge nightclub, located in Westchester County, New York, when she slipped and fell on a puddle of spilled drinks, which was on the floor due to “a melee which erupted within and without the club.” Simmons testified that she was pushed, shoved, and trapped in the bar at her deposition, and when she took a step toward...Read More