Negligence

Bad Weather Is Insufficient To Establish Actual Or Constructive Notice (NY)

On January 3, 2019, Plaintiff slipped and fell while shopping at Defendant Von Muar’s retail store located in Eastview, New York.   Approximately four months later, Plaintiff filed suit alleging that she was injured due to Defendant’s negligence in causing, creating, or permitting a dangerous condition within its premises.   After discovery was completed, Defendant filed a motion for summary...Read More

For Whom Do I Sign? New Jersey Appellate Division Finds Chaperone Lacked Authority to Sign Liability Waiver

In Gayles v. Sky Zone Trampoline Park, et al., the Superior Court of New Jersey Appellate Division examined whether a parent had apparent authority to sign a liability waiver on behalf of the parents of other children who attended her son’s birthday party at a trampoline park. Under the facts of the case, the parent chaperone, Joan Tongol, invited the plaintiff’s son, as well as eight other...Read More

Don’t Forget to Turn On the Lights . . . PA Supreme Court Highlights New Exception to Sovereign Immunity

In an April 28, 2021 opinion, the Pennsylvania Supreme Court held that the Commonwealth of Pennsylvania cannot claim sovereign immunity where a dangerous condition, caused by poor lighting, exists on its property. The Pennsylvania Supreme Court’s decision in Wise v. Huntingdon County Housing Development Corporation, et al. overturned a Commonwealth Court’s contrary decision. Plaintiff, Shannon...Read More

You’re Fired! Court Weighs Admissibility Of Termination Letter (NJ)

In Hassan v. Williams and ABF Freight, Inc., the plaintiff truck driver was injured when his tractor trailer was rear-ended by the tractor driven by defendant Roland Williams. Plaintiff brought suit alleging negligence and negligence per se for his injuries. Defendants argued that plaintiff merged onto the highway from the entrance at a slow speed cutting in front of defendant. Following...Read More

No Liability In NY For Barking Dog

In the recently decided Stack v. Manfredi the Bronx County Supreme Court granted summary judgment in favor of defendants who demonstrated that they had no knowledge of their dog’s vicious propensities. The decision resulted in a dismissal of plaintiff’s complaint, which arose from alleged personal injuries when she braced herself against the defendants’ door to prevent being bitten by their...Read More

Trap Down Leads To Store Owner’s Victory (NY)

In Vaughan v. Triumphant Church of Jesus Christ, 2021 NY Slip Op 02560 (2d Dept. 2021), a plaintiff fell down an open trap door in a deli and sued the owner of deli and the building owner. The building owner moved for summary judgment arguing that it did not control the premises and had no notice of the dangerous condition. “An out-of-possession landlord is not liable for injuries that...Read More

PA Superior Court Upholds Vacating Jury’s $2.9 Million Mistake

 In The Estate of Carley Long v. Bethany Children’s Home, et al., the Pennsylvania Superior Court upheld a Philadelphia Court of Common Pleas’  grant of judgment notwithstanding the verdict, which vacated a Philadelphia County jury award of $2.9 million. Tragically, Carley Long escaped Bethany Children’s Home and was struck and killed by a train. Her father ultimately sued Bethany Children’s...Read More

Superior Court Holds Fair Share Act Does Not Apply If Plaintiff is Not Found Liable (PA)

In Spencer v. Johnson, 2021 WL 1035175 (Pa. Super. Mar. 18, 2021), the Pennsylvania Superior Court issued an opinion with serious implications on the interpretation of the Fair Share Act.   By way of background, Pennsylvania courts had previously long adhered to the doctrine barring recovery for contributory negligence, which held that if a plaintiff’s own negligence contributed even 1% to his...Read More

Late Notice of Tort Claim Approved? Not So Fast (NJ)

In New Jersey, a plaintiff sought to file a late notice of tort claim identifying a police officer that she claimed was responsible for her injuries. The plaintiff in Pagan v. Rivera sought help from the police department when she was threatened by a former boyfriend in violation of an Order of protection. Despite plaintiff’s concerns that the former boyfriend could be hiding in her apartment,...Read More

Piano Lawsuit Dismissed – Music to the Defense’s Ears (NJ)

What do you do when the very experienced piano movers that you hired are unable to move the piano on your property? In a recent New Jersey case, the defendants were faced with that dilemma after the plaintiff was unsuccessful at moving a piano down the home’s stairwell. In Barbato v. Gallagher, the defendant homeowners noted that the piano had been moved into the home by utilizing the back...Read More