Sidewalk Shenanigans in Buffalo (NY)
In Beagle v. City of Buffalo, a plaintiff had a trip and fall on a sidewalk where the City of Buffalo had performed a cold patch (asphalt patch to fill in cracks in concrete) during winter on a gap between two sidewalk slabs. The two slabs were elevated by roots of a nearby tree (insert J.R.R. Tolkien reference here) owned by the City of Buffalo. Before the accident occurred, the City...Read More
0
Just Because A Verdict Is “Inconsistent” Does NOT Mean It’s Against the Weight of Evidence (PA)
The Pennsylvania Superior Court recently issued a refresher on the distinction between an “inconsistent” jury verdict and a verdict that is against the weight of evidence. In Avery v. Cercone, 2019 PA Super 366, No. 174 WDA 2019, the Court heard an appeal by Avery alleging that a jury’s original verdict awarding $8,500 in damages for lost wages and $0 for pain and suffering was against the...Read More
0
What’s Done in the Dark Doesn’t Always Come to Liability (PA)
In Andre Abney v. American Expo Corp. plaintiff Abney sued defendants American Expo Corp, Suburban Investment Corp. (“Suburban”), and Len Sammons Productions (“Sammons”) (collectively “defendants”) after he tripped over a dolly while walking through his employer’s trailer located on American Expo Corp.’s property. American Expo Corp., who leased and operated the expo center, contracted with...Read More
0
Conclusory Allegations of Bad Faith Against Insurer Insufficient to Survive Motion to Dismiss (PA)
Recently, in Patrick A. Kline and Sharon L. Kline v. Progressive Specialty Insurance Company, the Middle District of Pennsylvania considered whether the factual averments in the plaintiffs, Patrick Kline (“P. Kline”) and Sharon Kline’s (“S. Kline”) (P. Kline and S. Kline collectively “Kline”) complaint were sufficient to overcome Progressive Specialty Insurance Company’s (“Progressive”)...Read More
0
A Typical Slip and Fall with an Atypical $3.64 Million Result (NJ)
In Simmons v. Staples Inc., plaintiff James Simmons was browsing for computers in a Staples office supply store. At some point thereafter, an employee nearby in the area was called away and left a box of merchandise on the ground in one of the store’s aisles. While browsing, plaintiff took a step, tripped on the box of merchandise, and fell. Plaintiff allegedly suffered herniated discs in his...Read More
0
Court Affirms Defense Verdict Because Plaintiff Failed to Stop at Intersection (PA)
The PA Superior Court recently denied Plaintiff’s request for a new trial following a defense verdict in which Plaintiff was found to be 70% negligent. In Matthews v. Batroney, No. 483 EDA 2019, 2019 PA Super 299, Plaintiff brought a personal injury action against Batroney after Plaintiff, who was riding a bicycle in Philadelphia, collided with Batroney’s car. Batroney testified that she...Read More
0
Ironclad Arbitration Clause Shields Insurer (NY)
The First Department recently gave New York insurers reason to be confident in the arbitration clauses in their policies and the strength of arbitration determinations resulting therefrom in Matter of McKenna, Long & Aldridge, LLP v Ironshore Specialty Ins. Co. In this appeal the insurer, Ironshore was co-defendants with a number of entities collectively known as Eidos. The Southern...Read More
0
Liability Won’t Always Fall on the Property Owner in Slip-and-Fall Action (PA)
In Mary Minch and Joseph Minch v. KDG Rental Inc. et al., the Pennsylvania Superior Court found that the property owners of a rental property were not liable to the tenant couple after the wife slipped and fell on a substance on the floor. Plaintiffs Mary and Joseph Minch (“the Minches”) were leasing defendants’, Daniel and Donna Zola’s (“the Zolas”) property on a short-term basis. Defendants...Read More
0
Third Circuit Court of Appeals Holds: Clear Language Defining “Occurrence” Matters (PA)
Recently, in Sapa Extrusions Inc v Liberty Mutual Insurance Company, the United States Court of Appeals for the Third Circuit was tasked with analyzing whether, under Pennsylvania law, Sapa Extrusions, Inc. (“Sapa”), a manufacturer of “originally coated extruded aluminum profiles”, was entitled to recover from its liability insurers the cost of settling a lawsuit alleging its product was...Read More
0
Property Owners Must Warn Contractors of Hidden Latent Defects (NJ)
The Appellate Division revisited a property owner’s duty to provide a reasonably safe working place for a hired independent contractor in Cabrera v. Fairleigh Dickinson University. In Cabrera, defendant Fairleigh Dickinson University (FDU) hired KB Electric Services, Inc. (KB) to change lights on top of its library. FDU did not warn KB of any defects. Plaintiff, an employee of KB, fell off the...Read More
0