Negligence

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

Slip & Fall Shows a Mountain of Triable Issues of Fact (NY)

In Jubie v. Emerson Management Enterprises, LLC, (3d Dept. 2020), a plaintiff slipped and fell on an icy parking lot in Ulster County, NY. Plaintiff commenced an action against the management company for the parking lot, and subsequently named Kenneth Umhey in her action, because he provided snow removal services for the parking lot under contract with the management company. Umhey moved for...Read More

Damage Award Not Guaranteed Where Jury Finds Negligence and Causation (PA)

The Pennsylvania Superior Court recently affirmed a jury award of no damages in a three car auto accident case where the jury found one of the defendants negligent and the factual cause of the alleged injuries. See Felder v. Kukuyev, et al., 2020 WL 7780060, No. 920 EDA 2020 (Pa. Super. Ct. Dec. 30, 2020). In Felder, the Plaintiffs sought to recover non-economic damages (i.e. pain and...Read More

NY’s “Pothole Law,” Prior Written Notice Statutes, and the Affirmative Negligence Exception (NY)

In Martin v. City of New York, No. 12318, 2020 WL 7347089 (1st Dep’t, Dec. 15, 2020), the Appellate Division, First Department clarified a municipality’s liability exposure, pursuant to a prior written notice statute and the affirmative negligence exception. In Martin, Plaintiff alleged he sustained personal injuries when falling on a roadway in the Bronx. Defendant owned and maintained the...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

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

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