Premises Liability

NJ Lowers the Bar on Liability for Underage Social Hosts

The New Jersey Supreme Court unanimously expands the scope of social host liability to social hosts over the age of 18 (but under the age of 21) who may now be civilly liable to a drunk driving victim. In Estate of Narleski v.Gomes, Narleski, a nineteen year old man died at the scene of a car crash after the vehicle driven by his inebriated friend crashed into the center median and flipped...Read More

Two-Year Old Photo is Sufficient to Support Negligence Claim (PA)

In Taylor v. Lots for Sale LLC, plaintiff fell and was injured when she stepped into a two-inch drop-off on the sidewalk in front of Lots for Sale, LLC (“Lots for Sale”). At the non-jury trial, the plaintiff presented photos of the sidewalk where she fell, including photos establishing that the drop-off existed for more than two years before her fall.  The trial court found in Taylor’s favor,...Read More

Pennsylvania’s Doctrine of Hills and Ridges Delivers Questions of Fact to the Jury (PA)

In Figuero v. Meitzner, the Plaintiff, a delivery driver for Fed-Ex, slipped on an icy sidewalk while delivering a package to the Defendant. The Plaintiff sought damages and the jury held the Plaintiff 40% liable and the Defendant 60% liable, awarding $1.5 million in damages to the Plaintiff. The Defendant appealed the trial court’s denial of a Judgment Notwithstanding the Verdict, arguing the...Read More

Frequent Elevator Misalignment Creates Issues of Fact (NY)

In Napolitano v. Jackson “78” Condominium, the Appellate Division, Second Department addressed whether the defendants were entitled to summary judgment when plaintiff tripped while stepping into an elevator owned and/or managed by the defendants.  The Supreme Court granted the defendants motions for summary judgment to dismiss the complaint insofar as asserted against them....Read More

Changing Weather Patterns: Ongoing Storm Rule To Be Addressed By The NJ Supreme Court (NJ)

The matter of Pareja v. Princeton International Properties arose out of a slip and fall in front of the defendant’s store due to ice. Plaintiff had fallen while sleet was still falling. The trial court granted defendant’s motion for summary judgment pursuant to the ongoing storm rule that holds that the landowner or possessor’s duty to take reasonable steps to make safe abutting walkways...Read More

Incidental Business Connections Are Insufficient to Establish Venue (PA)

The Pennsylvania Superior Court recently tackled a civil procedure issue that frequently crosses the minds of defense counsel: improper venue. According to Pa. R.C.P 1006(e), improper venue must be raised in the defendants’ preliminary objections to plaintiff’s complaint or the objection will be waived. In Kanevsky v. Revolution Ice Rink LLC, the plaintiff slipped and fell while playing ice...Read More

City Defendants Win Summary Judgment on Trivial Defect Defense (NY)

In Acevedo v. City of Yonkers, the infant plaintiff was allegedly injured when he was playing basketball in the street in front of his home, located in Yonkers, and tripped and fell over a water valve cap that was recessed into the street. The family brought suit against the City of Yonkers. The defendants moved for summary judgment dismissing contending that they did not receive prior written...Read More

Defective Sidewalk – Do not look at Con Ed (NY)

In Curiel v. City of New York, the Supreme Court, New York County addressed whether the defendants – Con Edison, 1) owned the location where plaintiff allegedly fell, 2) cause or create the subject location and 3) that it was under a legal duty to repair the subject condition. The Supreme Court granted Con Edison’s motion for summary judgment to dismiss the complaint and all cross claims...Read More

Potential Playground Hijinx Lead to Dismissal of Case Dismissal for NYCHA (NY)

In Wilson v. New York City Housing Authority, the plaintiff, a minor, allegedly was injured when he slipped and fell off a wet playground equipment on a playground owned by the New York City Housing Authority (hereinafter NYCHA). The infant plaintiff slipped and fell when he climbed on the second step of a ladder which led to monkey bars. The plaintiffs allege that a built-in sprinkler, which...Read More

Insurer Not Obligated to Defend or Indemnify Insured for Breach of Contract Claims (PA)

In Atain Insurance Co. v. Xcapes et al., the United States District Court for the Eastern District of Pennsylvania analyzed whether Atain Insurance Company (“Atain”) was obligated to, inter alia, defend and indemnify its insured, Xcapes, a home improvement contractor, with respect to state lawsuits filed against Xcapes asserting breach of contract, unjust enrichment/quasi contract, violations...Read More