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
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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
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No Duty to Defend: Insurer Need Not Defend Insured Against Unjust Enrichment Claim (NY)
The Southern District of New York reaffirmed that New York liability insurance policies that provide coverage for bodily injury and property damage of the insured against a third-party generally do not afford coverage to the insured against unjust enrichment claims. In Godfrey v. Executive Risk Indemnity Inc., the Court rejected Plaintiffs’ motion for a declaratory judgment that would require...Read More
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Change To New York’s Wrongful Death Statute Awaits Its Fate
With the passing of the Grieving Families Act by the New York State Senate and Assembly on June 7, 2022, the proposed legislation currently awaits its fate before Gov. Kathy Hochul. This legislation, if signed into law, would change the state’s 175-year-old wrongful death statute by permitting the families of wrongful death victims to recover compensation for emotional anguish. While the...Read More
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Pro Se Litigants Must Play By The Rules (PA)
Although pro se litigants in Pennsylvania are regularly given a generous amount of slack as it concerns the formalities of litigation, they are still bound by the rules of the road. This sentiment is embodied in the recent ruling by the Court of Common Pleas of Monroe County, in the case American Express v. Robert Hirsh. American Express brought a breach of contract action against Robert Hirsh...Read More
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Doesn’t Take Much to Get Decent Bucks for Aggravation (NY)
Oftentimes we see a plaintiff complaining that harm recently suffered caused exacerbation or aggravation of a prior existing, symptomatic or asymptomatic, condition. Questions relating to the impact of such claims on past and future pain and suffering are left to a jury to decide. Given the subjective nature of such damages, as accustomed, we look to precedent for guidance and enlightenment on...Read More
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High Stress Job? No Damages (NY)
In New York, the plaintiff in Mehmeti v Miller commenced an action to recover damages for personal injuries he sustained to his head and left arm as a result of a motor accident. Following a jury trial on the issue of damages, the jury found that the plaintiff had suffered a permanent consequential limitation of use of a body function, organ, or member and awarded the plaintiff $50,000 for 4...Read More
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Prize Fighter Yoel Romero is Vindicated by the New Jersey Courts (NJ)
The matter of Yoel Romero v. Gold Star Distribution, LLC arose out of the sale of a dietary supplement manufactured and distributed by Gold Star. Romero is an MMA fighter who competed in the UFC, the highest level of competition in the MMA. He is also a former world champion freestyle wrestler who won a silver medal at the 2000 Olympic Games. Gold Star is a dietary supplement company whose...Read More
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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
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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
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