Litigation

Covid-19 Closures and the Reasonable Expectations of a Commercial Insured is still undecided in Pennsylvania (PA)

COVID-19 related insurance litigation has often left insurers with more questions than answers. In Brown’s Gym, Inc. v. The Cincinnati Ins. Co., another open question of law in Pennsylvania is being looked at in relation to such a COVID-19 initiated case. Here, the Court of Common Pleas of Pennsylvania in Lackawanna County recently ruled that a case by a commercial insured looking to sue...Read More

Trial Court’s Erroneous Instruction on Expert’s Testimony Regarding “Recklessness” Overturns a $2,000,000 Verdict and Orders a New Trial (PA)

James Temple, Administrator For The Estate of Elma B. Temple v. Providence Care Center, LLC D/B/A Providence Care Center involved a fall of a resident, Elma Temple at a nursing home, Providence Care Center in 2011. After the trial resulted in a verdict of $2 million in compensatory damages and $250,000 in punitive damages, Providence filed a motion for judgment notwithstanding the verdict. The...Read More

Plaintiff Falls Short in Premises Liability Matter (PA)

The Pennsylvania Superior Court provided important provides insight into the potential arguments that arise when a plaintiff is injured in a client’s rental property. In Monica Sprouse v. Daniel Keller and Kim Keller, & Donald Neill and Re/Max Action, plaintiff Monica Sprouse  unsuccessfully appealed the trial court’s decision which granted defendants motions for summary judgment. At the...Read More

Insurer’s Assault and Battery Exclusion upheld in Bronx County Supreme Court for a Slip and Fall Arising from Spilled Drinks during a Club Melee (NY)

Quanisha Simmons commenced a personal injury action against Blvd Bar & Lounge nightclub, located in Westchester County, New York, when she slipped and fell on a puddle of spilled drinks, which was on the floor due to “a melee which erupted within and without the club.” Simmons testified that she was pushed, shoved, and trapped in the bar at her deposition, and when she took a step toward...Read More

Pennsylvania Supreme Court Declines to Adopt the “Continuous Representation Rule” for Legal Malpractice Claims

In Clark v. Stover, et al., the Pennsylvania Supreme Court declined to adopt the continuous representation rule to toll the statute of limitations in legal malpractice claims. This case arose from Stover’s representation of his client, the testator’s brother in an estate lawsuit filed in 2008, as well as a second related-complaint filed in 2010. After both lawsuits failed, in 2015, Clark filed...Read More

NJ Appellate Division Refuses Plaintiff’s Attempt to Strike an Element of New Jersey’s Res Ipsa Loquitur Doctrine (NJ)

The matter Pannucci v. Edgwood Park Senior Housing, et al., involved an elderly plaintiff who was injured while entering an elevator in her senior living facility. The plaintiff sued the owner of the premises, the owner’s property manager and the elevator maintenance company retained by the property manager. At issue in the case, was the doctrine of Res Ipsa Loquitur (the thing speaks for...Read More

Oil Spill in Parking Lot Was Not Open and Obvious (PA)

A recent decision from the Pennsylvania Superior Court highlights the importance of ensuring clear and thorough testimony from witnesses both during depositions and at the time of trial. In Wilson v. Autozone Stores, the plaintiff sustained injuries in a fall outside an Autozone. At trial, plaintiff testified he noticed a “gooey, slippery” substance on his shoes as he entered the store and...Read More

Pennsylvania Court Declines to “Branch Out” and Impose a Duty

When is a legal duty undertaken to a third party? In Matthews v. Prospect Crozer LLC, et al., the Pennsylvania Superior Court examined this question in the matter of a falling tree branch and an injured plaintiff. The plaintiff was walking on a public sidewalk when a maple tree branch fell from above, striking the plaintiff, and causing severe injuries. The plaintiff sued numerous parties,...Read More

Trivial Defects: A Bar to Plaintiff’s Recovery (NY)

In Speredowich v. Long Island Rail Road Company, the plaintiff commenced a personal injury action against defendant after the heel of her shoe got caught in a crack on a platform in Penn Station. The plaintiff fell and sustained injuries.  At trial, the plaintiff testified that the crack was “approximately ½ inch wide, 9 to 12 inches long, and ¼ inch deep.” Following plaintiff’s testimony, the...Read More

A Tree Falls in Orange County, Does it Make a Sound (of Liability) (NY)

In Pozzani v. Village of S. Blooming, the plaintiff was driving through the Village when a tree fell on her car. Plaintiff sustained injuries, and sued the Village. There was no evidence that the Village knew that the tree was in an unsafe condition before the accident. The Village moved for summary judgment, arguing that it had no actual or constructive notice that the tree was in a dangerous...Read More