Litigation

Intentional Wrong Exception to the Workers’ Compensation Bar Not Available to Third-Party Tortfeasors (NJ)

The Appellate Division of the Superior Court of New Jersey recently held that the “intentional wrong” exception to the workers’ compensation bar was not available to a third-party tortfeasor and remained limited only to the injured employee as an election of remedies. Although an unpublished opinion, the court’s decision is important because it further limits the claims that can be brought...Read More

NJ Lowers the Bar on Liability for Underage Social Hosts

The New Jersey Supreme Court unanimously expands the scope of social host liability to social hosts over the age of 18 (but under the age of 21) who may now be civilly liable to a drunk driving victim. In Estate of Narleski v.Gomes, Narleski, a nineteen year old man died at the scene of a car crash after the vehicle driven by his inebriated friend crashed into the center median and flipped...Read More

Contractual Tort Claim Is Anything But “Spot On” (NY)

This week we present an interesting ruling from the Second Department in New York on contractual liability to a third-party. In Qoku  v 42nd St. Dev. Project, Inc., 2020 NY Slip Op 05543, the plaintiff slipped and fell on an oil spot on the floor of a loading dock and sued the defendant-janitorial company claiming negligence pursuant to its contractual obligations with a non-party. Normally, a...Read More

Two-Year Old Photo is Sufficient to Support Negligence Claim (PA)

In Taylor v. Lots for Sale LLC, plaintiff fell and was injured when she stepped into a two-inch drop-off on the sidewalk in front of Lots for Sale, LLC (“Lots for Sale”). At the non-jury trial, the plaintiff presented photos of the sidewalk where she fell, including photos establishing that the drop-off existed for more than two years before her fall.  The trial court found in Taylor’s favor,...Read More

WCM Successfully Opposes Defendant’s Motions to Dismiss and Remand (PA)

In Harleysville Worcester Insurance Company v. Pediatric Associates of Westmoreland Ltd, WCM Partners Robert Cosgrove and Colleen Hayes successfully defeated defendant Pediatric Assoc. of Westmoreland, Ltd.’s (“PAW”) Motion to Dismiss or, in the Alternative, Remand to State Court.  By way of brief background, plaintiff Harleysville Worcester Ins. Co. filed a declaratory judgment action...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

Statute of Limitations and Pollution Exclusion at Play for Toxic Tort Coverage Analysis (PA)

The Western District of Pennsylvania recently determined that a number of insurers did not owe coverage for hundreds of bodily injury claims brought forth in a toxic-tort action. In Allegheny Ludlum,  LLC. v. Liberty Mutual Insurance Company, et al., the District Court granted the defendants’ motions for summary judgment after determining that the plaintiff’s claims were brought too late and...Read More

Incidental Business Connections Are Insufficient to Establish Venue (PA)

The Pennsylvania Superior Court recently tackled a civil procedure issue that frequently crosses the minds of defense counsel: improper venue. According to Pa. R.C.P 1006(e), improper venue must be raised in the defendants’ preliminary objections to plaintiff’s complaint or the objection will be waived. In Kanevsky v. Revolution Ice Rink LLC, the plaintiff slipped and fell while playing ice...Read More

Outstanding Discovery Not Enough To Stop A Partial Summary Judgment Finding (NY)

In Mallory v. City of New York , et al., the Supreme Court, New York County, found that outstanding discovery is not a barrier to partial summary judgment. In Mallory, the plaintiff filed a lawsuit seeking damages for injuries sustained in a motor vehicle accident. The plaintiff moved for partial summary judgment on liability, arguing that the defendants could not provide a non-negligent...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