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 0
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 0
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 0
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 0
Lack Of Maintenance Records Leads To Denial Of Summary Judgment (NY)
In Smith v Montefiore Medical Center, 2021 NY Slip Op 01872 (1st Dept. 2021), the First Dept. reviewed a denial by the lower court of a defendant’s motion for summary judgment. Plaintiff alleged that he slipped and fell on dirty ice in front of the emergency room at the Montefiore Hospital. The spot of the fall was covered by a canopy. Montefiore moved for summary judgment, noting that two of...Read More 0
NYPD Traffic Officer Traffic Owed No Special Duty to Plaintiff Struck by Taxi
On November 1, 2012, an NYPD traffic officer was directing traffic at the intersection of 3rd Avenue and East 10th Street in Manhattan, New York, after the traffic lights were non-operational due to Hurricane Sandy. As the officer was manually directing traffic, a collision occurred at the intersection between a motorcycle driven by the Plaintiff and a taxi. Subsequently, in Mendez v. City of...Read More 0
Joyride Fails to Bring Joy to Injured Passenger (NJ)
New Jersey motorist Sheavonra Adderly was involved in a one-car collision that caused injury to one of her passengers. That passenger sought coverage under the vehicle’s insurance policy issued by Liberty Mutual. However, Adderly was not the owner of the vehicle involved in the accident, and the policy excluded coverage if a person drives the covered vehicle without a reasonable belief...Read More 0
Vicious Propensity Rule: Not a Protection for All (NY)
In Hewitt v. Palmer Veterinary Clinic, PC, 35 N.Y.3d 541, 547, 159 N.E.3d 228, 231 (2020), the plaintiff sustained injuries in the Palmer Veterinary Clinic’s waiting room when a dog attacked her, resulting in bodily injuries. The defendant Palmer raised the vicious propensity rule and argued that it had no prior knowledge of the canine’s vicious propensities. The Appellate Division agreed with...Read More 0
Grandma’s Love Recognized As Immediate (NY)
The New York Court of Appeals recently ruled in favor of expanding the definition of “immediate family” under the New York Zone of Danger theory of recovery to include grandparents. The certified question was whether the Appellate Division properly held a grandchild was excluded from the class of persons constituting a grandparent’s “immediate family”, and the Court answered it in the...Read More 0
ALL BARK NO BITE-A Dangerous Dog Registry is Among the Bills to be Voted on by Nassau County Legislature Next Week (NY)
Legislator John Ferretti proposed a bill entitled, “Benny’s Law” to help protect people and pets within the community. The bill was inspired after the lawmaker’s 1-year old terrier, Benny, was attacked by a neighbor’s dog. Although the dog who attacked Benny is currently on probation, the Ferretti fears that since the dog was returned to its owners, other incidents between...Read More 0