Author: Suzan Cherichetti

Readily Observable (NY)

In a recent decision, Williams v. E And R Jamaica Food Corp., the Second Department held that ” a condition is open and obvious if it is ‘readily observable by those employing the reasonable use of their senses, given the conditions at the time of the accident.” The Appellate Court granted defendant’s appeal in matter where plaintiff sustained personal injuries as a result of...Read More

Expert Report On Blood Alcohol Content (BAC) Does Not Prove Intoxication In Dram Shop Case (NY)

In Stanley v. Kelly, 2022 NY Slip Op 04847 (4th Dept. 2022), the decedent, Michael Stanley, died while operating a snowmobile lent to him by defendant Thomas Kelly, after they were all drinking at the Boonville Hotel. The autopsy concluded Stanley had a blood alcohol level (BAC) of .16% and his intoxication led to his accidental death. The decedent’s next of kin sued Thomas Kelly for negligent...Read More

Forum Shopping Comes Up Empty (PA)

In a recent ruling from the Superior Court of PA, Kendall v. Ford Motor Company, the Court affirmed a lower Court granting defendant’s motion to transfer based on forum non conveniens. The complaint concerned a traffic accident that occurred in Bucks County, yet plaintiff’s counsel filed the complaint in Philadelphia County, a plaintiff friendly trial pool. The court held that because the...Read More

Peer-to-Peer Carsharing and Insurance Implications (PA)

A new law was introduced in the House Appropriations Committee as an amendment to Senate Bill 1222 and officially became law on July 11th. The amendment outlines the coverage requirements for companies engaging in peer-to-peer carsharing, mandating an additional layer of insurance so injured third parties won’t be left uninsured if a car owner’s policy includes exceptions for livery, or...Read More

NJ Court Upholds Virus Exclusion

The Superior Court of New Jersey, Appellate Division recently dealt with a plaintiff’s coverage claim for business interruption cause by the COVID-19 pandemic and Governor Philip D. Murphy’s Executive Order 107(EO 107). EO 107 was a mandate which cancelled large gatherings of individuals, required the closure of “the brick-and-mortar premises of all nonessential retail business,” and mandated...Read More

Summary Judgment Without Deposition discovery Permitted In NY Labor Law Case

Courts often deny early summary judgment motions on the basis that they are premature pending completion of discovery on the issues in dispute. In Lapota v. PPC Commercial, LLC, the Appellate Division, First Department took a different approach in examining a trial court’s decision to deny plaintiff’s early motion for summary judgment as to his Labor Law §240 (1) claim against the defendant....Read More

New York Court Permits Disclosure Of Social Media Activity In Personal Injury Lawsuit

Millions of Americans document their lives and activities on social media sites such as Facebook, Instagram and TikTok. When a person becomes injured in an accident and files a personal injury lawsuit, should defendants be permitted access to plaintiff’s social media? In Gentile v. Ogden, the New York Appellate Division, Second Department, recently addressed this question in a case involving a...Read More

Surveillance Footage Key To Establishing Open And Obvious Defense (NY)

New York courts generally hold that a landowner has no duty to warn of open and obvious dangers. In Lebron v. City of New York, the Appellate Division, Second Department recently addressed whether an inspection pit that plaintiff fell into on the defendants’ property was an open and obvious, and not inherently, dangerous. The defendants introduced surveillance of the accident as evidence of...Read More

Ninth Circuit Upholds An Alternative Standard For Accrual Of Copyright Infringement Claims

Section 507(b) of the U.S. Copyright Act provides that a copyright infringement claim isn’t timely filed unless it is commenced within three years after the claim accrued. In the recent decision Starz Entertainment LLC v. MGM Domestic Television Distribution LLC, the U.S. Court of Appeals for the Ninth Circuit addressed when a claim generally “accrues,” and defined an alternative “accrual”...Read More

Minority Tolling Under N.J.S.A. 2A:14-2(a) Does Not Apply To New Jersey Wrongful Death Claims

In Monk v. Kennedy University Hospital, Inc., the New Jersey Appellate Division recently addressed whether the minority tolling provision in N.J.S.A. 2A:14-2(a), which allows minors to file medical malpractice claims until the age of 13, applies to wrongful death lawsuits filed on behalf of minor decedents or their estates. In that case, the parents of a deceased minor who died six months...Read More