Negligence

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 Although an unpublished opinion, the court’s decision is important because it further limits the claims that can be brought...Read More

Principal Not Liable for Wrongful Conduct of an Independent Contractor (NJ)

In Krough v. Calpine, the United Stated District Court for the District of New Jersey analyzed whether a principal/contractee is responsible for the wrongful conduct of an independent contractor. While granting summary judgment against the Plaintiff, the Court reiterated the 3 requirements available to find a Principal liable. Calpine Corporation (“Calpine”) owned a powerplant in New Jersey...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

No Coverage for Negligent Supervision Claim (PA)

In Michele Kahana v. Allstate Vehicle and Property Ins. Co., the U.S. District Court for the Eastern District of Pennsylvania analyzed whether an auto insurer had a duty to defend and indemnify a claim of negligence per se arising out of an auto accident. The claim was asserted against Kahana, the mother of the minor decedent who was struck while walking alone after midnight while dressed in...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

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

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