Of Interest

Intentional Wrong Exception to the Workers’ Compensation Bar Not Available to Third-Party Tortfeasors (NJ)

The Appellate Division of the Superior Court of New Jersey recently held that the “intentional wrong” exception to the workers’ compensation bar was not available to a third-party tortfeasor and remained limited only to the injured employee as an election of remedies. Although an unpublished opinion, the court’s decision is important because it further limits the claims that can be brought...Read More

Principal Not Liable for Wrongful Conduct of an Independent Contractor (NJ)

In Krough v. Calpine, the United Stated District Court for the District of New Jersey analyzed whether a principal/contractee is responsible for the wrongful conduct of an independent contractor. While granting summary judgment against the Plaintiff, the Court reiterated the 3 requirements available to find a Principal liable. Calpine Corporation (“Calpine”) owned a powerplant in New Jersey...Read More

Buckle Up! New York Now Requires All Passengers 16 and Up To Wear Seat Belts

NEW YORK’S NEW SEAT-BELT LAW REQUIRING ALL OCCUPANTS INSIDE A MOTOR-VEHICLE TO BUCKLE UP TAKES EFFECT ON NOVEMBER 1, 2020 https://nypost.com/2020/08/11/new-york-will-now-require-seat-belts-for-all-car-occupants/ On November 1, 2020, New York will become the 30th state to require all occupants inside a vehicle over the age of sixteen to wear seatbelts. The new law will now make it mandatory for...Read More

NJ Lowers the Bar on Liability for Underage Social Hosts

The New Jersey Supreme Court unanimously expands the scope of social host liability to social hosts over the age of 18 (but under the age of 21) who may now be civilly liable to a drunk driving victim. In Estate of Narleski v.Gomes, Narleski, a nineteen year old man died at the scene of a car crash after the vehicle driven by his inebriated friend crashed into the center median and flipped...Read More

Contractual Tort Claim Is Anything But “Spot On” (NY)

This week we present an interesting ruling from the Second Department in New York on contractual liability to a third-party. In Qoku  v 42nd St. Dev. Project, Inc., 2020 NY Slip Op 05543, the plaintiff slipped and fell on an oil spot on the floor of a loading dock and sued the defendant-janitorial company claiming negligence pursuant to its contractual obligations with a non-party. Normally, a...Read More

Two-Year Old Photo is Sufficient to Support Negligence Claim (PA)

In Taylor v. Lots for Sale LLC, plaintiff fell and was injured when she stepped into a two-inch drop-off on the sidewalk in front of Lots for Sale, LLC (“Lots for Sale”). At the non-jury trial, the plaintiff presented photos of the sidewalk where she fell, including photos establishing that the drop-off existed for more than two years before her fall.  The trial court found in Taylor’s favor,...Read More

Third Circuit Court of Appeals Affirms District Court’s Finding (PA)

In Republic Franklin Square Insurance Company v. Bethren Mutual Insurance Company, Republic Franklin brought a declaratory judgment and equitable subrogation action in the Eastern District of Pennsylvania against Brethren Mutual seeking reimbursement of $175,000 it paid on behalf of its insured Paul Lamb to settle a personal injury action. In the underlying case, the plaintiff brought suit...Read More

No Coverage for Negligent Supervision Claim (PA)

In Michele Kahana v. Allstate Vehicle and Property Ins. Co., the U.S. District Court for the Eastern District of Pennsylvania analyzed whether an auto insurer had a duty to defend and indemnify a claim of negligence per se arising out of an auto accident. The claim was asserted against Kahana, the mother of the minor decedent who was struck while walking alone after midnight while dressed in...Read More

Tall Objects Don’t Mean 240 Protection (NY)

In Lemus v. New York B Realty Corp, the Appellate Division, Second Department reaffirmed that a plaintiff is not entitled to judgment as matter of law under Labor Law §240(1) simply because the plaintiff’s accident occurs as a result of working with a large and/or tall object. In this matter, the plaintiff demonstrated that he was employed as a worker on a construction site and was directed to...Read More

Bi-Coastal Blow to Covid Related Restaurant Business Interruption Claims

During the first week of October two separate District Courts, for the Northern District of Georgia and the Central District of California, issued Orders granting the respective motions to dismiss filed by insurer defendants arguing that their policies provide no coverage for a restaurant insureds’ claim for business income coverage alleging losses stemming from Covid-19 closures. In...Read More