Evidence

NY Civil Trial Practice Update: Admissibility of Uncertified Police Reports

The Appellate Division of the Supreme Court of New York, Second Department’s recent ruling in Yassin v. Blackman, 188 A.D.3d 62 (2d Dep’t 2020) abrogates prior case law, which had previously held a party’s admission in an uncertified police report was admissible. Following Yassin, an uncertified police accident report no longer constitutes admissible evidence, absent a proper foundation for...Read More

Extrinsic Evidence Bounces Back: Exception to Four Corners Rule Found in Trampoline Case (NY)

In Philadelphia Indem. v. Streb, the Southern District of New York explored an emerging exception to New York’s four corners rule, which restricts the use of extrinsic evidence outside of the complaint when determining coverage. The court ruled that although the facts triggering a policy exclusion for trampoline use were not included in the complaint, the exclusion should still apply since the...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

CY Pres – Enforcing an Unsigned Settlement Release (PA)

The Western District of Pennsylvania recently determined that the absence of a signature did not void the underlying settlement agreement in a class action lawsuit.  In Abramson, et al. v. Agentra LLC, et al., the District Court granted the plaintiffs’ motion to enforce class action settlement after the parties reached an oral agreement and a Joint Status Report Regarding Class Action...Read More

NYPD’s Hot Pursuit Immunity Has Limitations (NY)

In Fuchs v. City of New York (2020 NY Slip Op 04382), the NYPD was involved in a high-speed pursuit of a suspect. The plaintiff was driving down a one-way street when the suspect turned the wrong way and collided with plaintiff’s vehicle. Plaintiff sued the police department for her injuries and the City of New York claimed a qualified exemption under VTL § 1104 which provides an exemption for...Read More

Amazon Can Be Liable for Third-party Sellers’ Defective Products in California-Will Other States Follow? (NY)

Amazon has traditionally been exempt from various states’ product liability laws by successfully arguing that Amazon is not a “seller” when it comes to products sold by third-parties through Amazon’s website.  A California Appellate Court has overturned a lower court and ruled that Amazon.com played a pivotal role in every step of a plaintiff’s purchase of a...Read More

No Mall Respondeat Superior (NY)

The distinctions between independent contractors and employees can determine liability in many circumstances. Here, we have an appellate decision that found that defendants were not liable for any of plaintiff’s injuries on that distinction. In Athenas v. Simon Prop. Group, LP, plaintiff slipped and fell on floor cleaner in the interior common area of a Long Island mall, in front of a Cohen’s...Read More

Third Circuit Agrees that Business Earnings Prior to an Accident Are Inconclusive (PA)

The United States Court of Appeals for the Third Circuit recently affirmed a decision from the United States District Court for the Western District of Pennsylvania and determined that an insurer’s issues with trial evidence and claims were invalid.  In Kirkpatrick v. GEICO Casualty Company, the insurance company moved for relief from a judgment or, alternatively, for a new trial which was...Read More

Third Circuit Joins First, Second, Fifth and Eleventh Circuits in Holding an Insured Bears the Burden to Show a Loss is Fortuitous (NJ)

Recently, in Chartis Prop. Cas. Co. v. Inganamort, the United States Court of Appeals for the Third Circuit considered whether Joan and John Inganamort (“Inganamort”) met their burden of proof to establish a “fortuitous” loss under an all-risk insurance policy issued to Ingagamort by Chartis Property Casualty Company (“Chartis”). By way of brief background, in September 2011, Iganamort’s...Read More