Of Interest

PA Superior Court Upholds Vacating Jury’s $2.9 Million Mistake

 In The Estate of Carley Long v. Bethany Children’s Home, et al., the Pennsylvania Superior Court upheld a Philadelphia Court of Common Pleas’  grant of judgment notwithstanding the verdict, which vacated a Philadelphia County jury award of $2.9 million. Tragically, Carley Long escaped Bethany Children’s Home and was struck and killed by a train. Her father ultimately sued Bethany Children’s...Read More

Motion to Change Venue Denied Despite Being Unopposed (NY)

In Francoise Mervil v. Eric Johnson and Marcia St. Urbain, Judge Francois A. Rivera denied Defendants’ unopposed motion to transfer venue because the only evidence in support of the Defendants’ motion constructed of inadmissible hearsay. Plaintiff, Francoise Mervil (“Mervil”) commenced a personal injury action against the Defendants in Kings County Supreme Court, alleging Urbain was negligent...Read More

Lights Out On Lamp, Court Sheds Light On Service Of Process (PA)

In recent case, Gussom v. Teagle, the Pennsylvania Supreme Court revisited the issue whether a lawsuit should be dismissed due to Plaintiff’s lack of effort to complete service – regardless of Plaintiff’s intent. On July 25, 2016, Rasheena Gussom and Maurice Teagle were involved in a car accident. Two months before the statute of limitations expired, Gussom filed a civil complaint against...Read More

Superior Court Holds Fair Share Act Does Not Apply If Plaintiff is Not Found Liable (PA)

In Spencer v. Johnson, 2021 WL 1035175 (Pa. Super. Mar. 18, 2021), the Pennsylvania Superior Court issued an opinion with serious implications on the interpretation of the Fair Share Act.   By way of background, Pennsylvania courts had previously long adhered to the doctrine barring recovery for contributory negligence, which held that if a plaintiff’s own negligence contributed even 1% to his...Read More

COVID-19 Business Interruption Insurance Coverage is Far from Settled in Pennsylvania

Needless to say, COVID-19 business interruption coverage has been a hot topic for insurers and policyholders alike. This past week, the Allegheny County Court of Common Pleas granted summary judgement in favor of policyholder plaintiffs and denied the defendant insurers’ motion for summary judgement in a class action lawsuit seeking coverage in Timothy Ungarean v. CNA et al. (further analysis...Read More

Late Notice of Tort Claim Approved? Not So Fast (NJ)

In New Jersey, a plaintiff sought to file a late notice of tort claim identifying a police officer that she claimed was responsible for her injuries. The plaintiff in Pagan v. Rivera sought help from the police department when she was threatened by a former boyfriend in violation of an Order of protection. Despite plaintiff’s concerns that the former boyfriend could be hiding in her apartment,...Read More

Piano Lawsuit Dismissed – Music to the Defense’s Ears (NJ)

What do you do when the very experienced piano movers that you hired are unable to move the piano on your property? In a recent New Jersey case, the defendants were faced with that dilemma after the plaintiff was unsuccessful at moving a piano down the home’s stairwell. In Barbato v. Gallagher, the defendant homeowners noted that the piano had been moved into the home by utilizing the back...Read More

Lack Of Maintenance Records Leads To Denial Of Summary Judgment (NY)

In Smith v Montefiore Medical Center, 2021 NY Slip Op 01872 (1st Dept. 2021), the First Dept. reviewed a denial by the lower court of a defendant’s motion for summary judgment. Plaintiff alleged that he slipped and fell on dirty ice in front of the emergency room at the Montefiore Hospital. The spot of the fall was covered by a canopy. Montefiore moved for summary judgment, noting that two of...Read More

Only the Beginning? Pennsylvania Trial Court Finds Coverage for COVID-Related Business Losses

In a possible preview of things to come, in Ungarean v. CNA and Valley Forge Insurance Company, the Allegheny Court of Common Pleas ruled in favor of a Pittsburgh area dentistry, finding its COVID-related business losses were covered. Ungarean sought coverage for business income, extra expense, and civil authority coverage. Following the denial of the claim, he filed a declaratory judgment...Read More

Manufacturer’s Substantial Business Supports Finding of Specific Jurisdiction

On March 25, 2021, the U.S. Supreme Court issued its decisions in Ford Motor Co. v. Montana Eight Judicial District Court et al., and Ford Motor Co. v. Bandemer. By way of brief background, in both cases, the states exercised jurisdiction over Ford in products-liability actions stemming from auto accidents. In both cases, the Ford involved in the accident was brought to the state via the...Read More