Of Interest

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

Introducing WCM’s 2022 First Year Associates

We are pleased to introduce WCM’s newest team of first year associates, who are starting with us this week across our New Jersey, New York and Pannsylvania offices. New Jersey Harry Harnitchek is a graduate of Rutgers Law School and was a staff editor on the Rutgers Journal of Law and Public Policy.  Harry completed undergraduate studies at the University of Pittsburgh.  Prior to joining...Read More

NY Continues Statewide and National Trends Rejecting COVID Business Interruption Claims

Yet another court in New York has ruled against an insured’s lawsuit for breach of contract against the insurer for not covering business losses as a result of the pandemic. In Spirt Airlines v. American Home Assurance Company, Justice Reed of the New York State Supreme Court, New York County, held, as scores of other state and federal courts have held nationwide, that coverage under the...Read More

The Broad Scope of “The Integral to the Work” Defense is Confirmed in Labor Law Claims

In Ruisech v. Structure Tone Inc., plaintiff was working at a construction site attempting to install a heavy glass divider when he stepped forward to place the glass into the track and stepped on “minute” pebble near the track. His foot slipped forward but he did not fall, yet plaintiff claimed he sustained injuries. Plaintiff admitted that his co-workers created the debris that was the...Read More

The Court May View, But Not Weigh, the Evidence on Summary Judgment

In Garcia v. Security First Ins. Co., 5D21-1456, 2022 Fla. App. LEXIS 6197, 2022 WL 4111171 (Fla. 5th DCA September 9, 2022) the insured homeowner made a claim for water damage after a roof leak claim. At deposition, the insured admitted to a prior roof leak and later produced pictures and a damage report. The insurer moved for summary judgment arguing that the insured’s concealment of the...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