Negligence

Insurer Not Obligated to Defend or Indemnify Insured for Breach of Contract Claims (PA)

In Atain Insurance Co. v. Xcapes et al., the United States District Court for the Eastern District of Pennsylvania analyzed whether Atain Insurance Company (“Atain”) was obligated to, inter alia, defend and indemnify its insured, Xcapes, a home improvement contractor, with respect to state lawsuits filed against Xcapes asserting breach of contract, unjust enrichment/quasi contract, violations...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

Nanty-Glo Rule Saves Pocono Pet Store (PA)

In Lori Monti v. Pet Supplies Plus LLC, et al. plaintiff Lori Monti (“Monti”) tripped and fell outside of a pet store on an alleged sidewalk defect. Monti claimed that there was a dip in the sidewalk, which was surrounded by loose pieces of gravel.  She alleged her walker became entrapped in the dip, which caused her to fall and sustain serious bodily injuries. Monti filed suit against Pet...Read More

Painful Verdict for Pain and Suffering (NY)

The Bronx has a reputation for plaintiff-friendly verdicts, and the case of Cabrera v Port Auth. of N.Y. N.J. (2020 NY Slip Op 03993) did not disappoint. Plaintiff, an employee at a Dunkin Donuts franchise at LaGuardia Airport, was involved in an accident with a salt spreading truck in the parking lot during a snowfall. After a jury trial, she was awarded future damages for only a period of...Read More

Pennsylvania Superior Court Holds that Plaintiffs Have Wide Latitude in Choosing Legal Theories

On July 20, 2020, the Pennsylvania Superior Court granted a new trial after finding that a plaintiff was improperly precluded from pursuing all possible legal theories available to her. Adrienne Lageman filed a complaint for medical negligence after she suffered a stroke while undergoing a medical procedure at York Hospital. She alleged that the defendant anesthesiologist John Zepp improperly...Read More

Dogs Will Be Dogs – Posted Rules at Dog Run Merely a Suggestion? (NJ)

In Freed v. Bastry, the New Jersey Superior Court, Appellate Division, considered whether park guidelines for an off-leash dog area imposed a duty upon dog owners to other park goers in the off-leash dog area. The case arose after Defendants’, Linda and Frank Bastry (the “Bastrys”), over-eager, male golden retriever ran into the plaintiff, Janet Freed (“Freed”), during playtime with Freed’s...Read More

Keep Your Hands to Yourself (NY)

This case should serve as a cautionary tale to manufacturers or business owners who choose to modify machinery. In Mercedes v. 248 JD Food Corp. et al, (2020 NY Slip Op 03592), plaintiff was a butcher at a Bravo Supermarket in the Bronx who had a work-related accident involving a meat grinder. As he was cleaning the hopper , the mixing paddles suddenly started rotating, causing serious injury...Read More

What’s In A Name? The Wrong One Can End a Plaintiff’s Case (PA)

In Fick v. Barbon, plaintiff Terrence Fick (“Fick”) appealed the Superior Court’s decision to grant summary judgment in favor of defendant Barry Barbon (“Barbon”) following a car accident. At issue here is Pennsylvania Rule of Civil Procedure (Pa,R.C.P.) 1033—which explains correcting the name of a defendant after litigation has commenced—and the application of an amendment to the rule. Fick...Read More

Covid Cases Looming? Maybe Not. Some States Are Giving Companies The Antibodies To Fight Covid-19 Lawsuits

On Friday, June 19, 2020, Senate Majority Leader Mitch McConnell, stated a potential second COVID-19 “rescue” package could be in the works. McConnell said he wants to prioritize investing in” future generations” in this legislative package. If passed, this would be the second piece of legislation by Congress to aid families and businesses impacted by the COVID-19 coronavirus pandemic. On...Read More

Wrongful Death Action Commenced in PA Against World’s Largest Beef Processing Company (PA)

On May 7, 2020, the Estate of Enock Benjamin commenced an action in the Philadelphia County Court of Common Pleas against JBS USA Food Company, one of the world’s largest beef processing companies. It is alleged that Enock Benjamin, an employee of JBS, died of respiratory failure caused by the COVID-19 virus. It is further alleged that JBS ignored federal guidance and “put plant workers in the...Read More