Damages

Discoverability of Litigation Funding Information (NY)

Coronado v. Veolia N. Am. Inc., No. 450319/2019 (NY Cty. Sup. Ct. Apr. 5, 2021) is a personal injury case, wherein Plaintiff alleges she was entering an Access-A-Ride when another vehicle collided with it, thereby causing her to fall and sustain injuries. Plaintiff brought suit against the driver of the colliding vehicle and other parties. The motion before the court involved a discovery...Read More

Pennsylvania Supreme Court Upends Consumer Protection Laws, Now Sharply Favoring Plaintiffs (PA)

The Pennsylvania Supreme Court recently overturned decades of established law in the consumer protection area, resulting in increased exposure to defendants in consumer transactions. The 4-3 decision in Gregg v. Ameriprise Financial, Inc. overturned decades of precedent which formerly required a plaintiff to show the state of mind of the actor with respect to a false or misleading...Read More

Sometimes, De Minimus Contacts Equals Maximum Damage Award! (PA)

In a recent en banc opinion, the Pennsylvania Superior Court found that a couple should not be prevented from suing in their choice of venue even where only a small percentage of the defendant company’s $1.4 billion in revenue is derived there. In Hangey, et al. v. Husqvarna Professional Products, Inc., et al. plaintiffs, husband and wife, brought suit after Mr. Hangey fell off a Husqvarna...Read More

No Bad Faith, No Consequential Damages! Florida Supreme Court Denies Insured’s Attempt To Recover Extra-Contractual Consequential Damages in a First-Party Property Claim

A recent decision from the Supreme Court of Florida punctuates well-established federal precedent that consequential damages in insurance disputes are not recoverable absent a separate action for bad faith.  In Citizens Property Ins. Corp. v. Manor House LLC, et al, Manor House, owner of rental apartment buildings, filed an action against its property insurer for breach of contract and fraud...Read More

You’re No Expert! $6.3 Million Verdict Tossed Because Expert Testimony on Pain and Suffering had No Sufficient Basis (PA)

In Cowher et al. v. Kodali et al., the Pennsylvania Superior Court granted a retrial because of erroneously admitted expert testimony.  Cowher, brought a wrongful death and survival medical malpractice claim against the doctor that failed to recognize her husband’s heart condition, which ultimately led to his fatal heart attack.  Mr. Cowher went to see defendant Dr. Sobhan Kodali after he...Read More

Pennsylvania Supreme Court Refuses to Implement Bright Line Rule on Defective Jury Awards

Last week, the Pennsylvania Supreme Court in Mader v. Duquesne Light Company, refused to implement a bright line rule with respect to mandating a trial court’s options when a jury returns an inconsistent, favorable plaintiff verdict with an inconsistent damages award. Instead, the Court indicated that trial courts largely have broad discretion in terms of requiring new trials for damages. As...Read More

In Pennsylvania, Homeowners Need Not Show Diminution In Value When Calculating Damages for Defective Construction Claims

In Woullard v. Sanner Concrete and Supply, the Pennsylvania Superior Court recently affirmed the lower court’s damages ruling, stating that the plaintiff homeowners were not required to present evidence of diminution in value of their home, attributable to the defective work, as part of calculating damages. Plaintiff homeowners hired several contractors to perform work on the home’s stonework,...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

Default is not a Total Loss (NY)

In a personal injury action, plaintiff Castaldini claims personal injury when a propane tank exploded at the home of defendant Walsh. Upon defendant’s failure to answer, plaintiff’s motion to enter default judgment was granted by the trial court, and the case was sent to inquest for a trial on damages. At the inquest trial, plaintiff testified as to his injury and submitted a written sworn...Read More

Importance of “Backing Up” Claims in MVA Case (PA)

In Ruffin v. Desh United Corporation et al. plaintiff learned a lesson fit for an evidence course lecture after he appealed the trial court’s decision in his personal injury case. According to plaintiff, he was injured while crossing the street when defendant driver backed into Ruffin with his car. The other defendants in the matter are defendant’s employers. After defendants appealed an...Read More