Premises Liability

Basketball, Glass Doors, and Premises Liability (NY)

Acevedo v. The Madison Square Garden Co., No. 157997/16, 2021 WL 65434 (NY Sup. Ct. Jan. 7, 2021) is a personal injury case, wherein Plaintiff alleged damages after walking into a transparent glass panel upon ingress to Madison Square Garden. Specifically, Plaintiff claimed defendants were negligent by failing to mark the glass panel, which he collided with after passing through security at...Read More

NJ Appellate Division Upholds Dismissal of Plaintiff’s Premises Liability Claim (NJ)

In Quejada v. Shoprite, plaintiff alleged she slipped and fell on water on Shoprite’s floor resulting in injuries to her spine. Plaintiff had slipped in an area close to where customers pay for their groceries. Plaintiff did not notice anything on the floor before her fall, but noticed her clothing was wet after she fell. Plaintiff did not know the source of the water. Plaintiff’s counsel...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

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

Plaintiff’s Premises Liability Case Gets Iced (PA)

In Derito v. Walmart Stores East, L.P. (District Court of the Western District of Pennsylvania), plaintiffs Charles and Kimberly DeRito (collectively “DeRito”) were unable to overcome defendant Walmart’s summary judgment motion in this slip and fall action.  According to DeRito, Walmart’s front door was stuck open for approximately 31 seconds due to a malfunction while it was actively...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

Trivial Defects: A Bar to Plaintiff’s Recovery (NY)

In Speredowich v. Long Island Rail Road Company, the plaintiff commenced a personal injury action against defendant after the heel of her shoe got caught in a crack on a platform in Penn Station. The plaintiff fell and sustained injuries.  At trial, the plaintiff testified that the crack was “approximately ½ inch wide, 9 to 12 inches long, and ¼ inch deep.” Following plaintiff’s testimony, the...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