Negligence

The Third Circuit’s Stance: Cell Phone Use While Driving & Punitive Damages (PA)

The U.S. District Court for the Eastern District of Pennsylvania recently refused to dismiss the punitive damages claims a plaintiff passenger asserted against a Greyhound bus driver and his employers. In Brown v. White, the plaintiff, Jasmine Brown was taking an overnight Greyhound bus from New York City to Pittsburgh in the early morning hours of August 1, 2020 when the defendant bus driver,...Read More

Plaintiff Hurt In A Pickup Game Found To Have Assumed The Risk Of Injury (NY)

In Lungen v. Harbors Haverstraw Homeowners Assn., Inc., the New York Appellate Division, Second Department, addressed whether a plaintiff injured while playing in a basketball “pickup” game assumed the risk of his injuries. Plaintiff alleged to have fallen when he slipped on condensation on the floor of a gym. The defendants moved for summary judgment on the grounds that plaintiff had assumed...Read More

Gist Of The Action Remains Useful In PA Motion Practice

In Moravia Motorcycle, Inc. v. Allstate Insurance Company, plaintiffs brought the following claims in connection with damage sustained to a motor home: (1) negligent misrepresentation; (2) breach of contract; and (3) bad faith. Allstate moved for summary judgment on Counts I and III. The claim arose from a curious scenario, as the plaintiffs’ motorhome was parked in a lot they owned when a...Read More

Claim Of Injury On A City Bus Fails To Take Off From The Ground (NY)

In this week’s review, we study a quirky case where a plaintiff sued the MTA Bus Company because she sustained serious injury when she fell from a sudden and violent stop on a New York City bus. (Who among us has not been in this common situation at one point while living in New York City.) In Orji v. MTA Bus Co., NY Slip Op 02811 (2d Dept. 2022), the plaintiff alleged the city bus stopped at...Read More

Mode Of Operation Delineated By NJ Supreme Court

In September of 2021, we reported on an Appellate Division’s decision in Jeter v. Sam’s Club where the Court found that New Jersey’s “mode of operation” rule did not apply to spilled grapes in a closed plastic container in a Sam’s club. Jeter v. Sam’s Club, 2021 WL 1961122 (App. Div. 2021). The plaintiff in Jeter appealed and were heard by the Supreme Court. The Supreme Court affirmed in a 4-2...Read More

Bowling Alley Strikes Out In Its Attempt To Be Spared Liability (NY)

Plaintiff’s emanated from a slip and fall at the defendant’s bowling alley in Clifton Park New York. Ms. Muscato alleges she slipped and fell causing her injuries because the floor near the ball return was excessively slippery. In defending the action and moving for summary judgment, the bowling alley offered the testimony of its manager who stated they neither created the slippery...Read More

“Quick Fix” Leads To Liability If Not Done Properly (PA)

In a recent Eastern District of PA case, Zurich Am. Ins. Co. v. A.T. Chadwick Co., Inc., the court denied a third-party defendant’s motion for summary judgment in a construction defect case. The court found that jury could assign a percentage of the blame to the third-party defendant for a “quick fix” gone bad. In this case, a homeowner had a broken pike in their home which leaked and sagged...Read More

Tragedy At CitiField Does Not Create An Unreasonable Duty To The Property Owner (NY)

Antonio Narainasami, decedent, and his friends attended a New York Mets baseball game at Citi Field, and like many New York Mets fans, they decided to leave the game early by the 8th inning, and headed toward the escalators.  The escalators had been turned off at the end of the 7th inning and barricades had been placed to prevent patrons from walking down the escalators and redirected them to...Read More

Recent Wave Of High Jury Verdicts In Premises Liability Cases

Highlighted by a recent decision by CVS Pharmacies, to close around 900 stores across the country after a Georgia court upheld a $43 million premises liability verdict against the company, there has been a noted increase in high verdicts across the United States. These premises liability cases have involved a number of issues, including criminal acts and inadequate security. The string of...Read More

Alec Baldwin Sued For Wrongful Death Of Cinematographer

In a well-publicized incident which took place in October 2021, cinematographer Halyna Hutchins was shot and killed by actor Alec Baldwin on the set of the movie “Rust.” On February 15, 2022, the Hutchins family filed a wrongful death lawsuit in New Mexico’s 1st Judicial District Court against the movie’s producers and certain cast and crew members, including Alec Baldwin. At the time of the...Read More