Trial Practice

Pennsylvania Supreme Court Refuses to Implement Bright Line Rule on Defective Jury Awards

Last week, the Pennsylvania Supreme Court in Mader v. Duquesne Light Company, refused to implement a bright line rule with respect to mandating a trial court’s options when a jury returns an inconsistent, favorable plaintiff verdict with an inconsistent damages award. Instead, the Court indicated that trial courts largely have broad discretion in terms of requiring new trials for damages. As...Read More

Facebook Discovery Leads to Adverse Inference (NY)

In Safer v. Hudson Hotel, the Civil Court of the City of New York addressed whether an adverse inference charge was proper as part of the trial court’s jury charge. The plaintiff alleged that she stepped on a broken glass in the defendant’s hotel bar which caused serious personal injuries to her mind and body. As such, the defendants served plaintiff with a discovery demand for “color...Read More

Default is not a Total Loss (NY)

In a personal injury action, plaintiff Castaldini claims personal injury when a propane tank exploded at the home of defendant Walsh. Upon defendant’s failure to answer, plaintiff’s motion to enter default judgment was granted by the trial court, and the case was sent to inquest for a trial on damages. At the inquest trial, plaintiff testified as to his injury and submitted a written sworn...Read More

Importance of “Backing Up” Claims in MVA Case (PA)

In Ruffin v. Desh United Corporation et al. plaintiff learned a lesson fit for an evidence course lecture after he appealed the trial court’s decision in his personal injury case. According to plaintiff, he was injured while crossing the street when defendant driver backed into Ruffin with his car. The other defendants in the matter are defendant’s employers. After defendants appealed an...Read More

Trial By Zoom

Now that much of the world has adjusted to social distancing guidelines,and shifted to operating through video conferencing platforms such as Zoom, the elephant in the legal room is how to safely conduct a jury trial in this new environment.  Typically, the jury process involves hundreds of individuals closely seated in room, waiting to be selected for questioning and, if selected for a jury,...Read More

New Atmosphere for Ongoing-Storm Rule (NJ)

Recently, in Pareja v. Princeton International Properties, the New Jersey Appellate Court analyzed whether the ongoing-storm rule applies in New Jersey. One winter day at 7:50 a.m., the plaintiff, Angel Alberto Pareja (“Parejca”), was walking from his car to the defendant, Princeton International Properties’ (“Princeton”) property (“Property”) when he slipped and fell on black ice after...Read More

To What Degree Is it a Medical Certainty? (PA)

Recently, in Rolon v. Davies et. al., (2020 Pa. Super 106), the Pennsylvania Superior Court assessed the requisite degree of certainty required of a medical expert’s testimony. By way of background, the appellant filed a medical malpractice action, alleging, in part, that the appellees’ negligence led to his wife’s death. The suit alleged that appellees failed to diagnose an arterial blockage...Read More

The Light at the End of the Tunnel? NY State Bar Association Creates Group to Help Law Firms Re-open

With the current state of New York amidst COVID-19, and the wheels of justice always spinning, one major question every attorney is asking, is when will their office re-open? The New York State Bar Association (“NYSBA”) wants an answer that question sooner rather than later. On March 20, 2020, Governor Andrew Cuomo issued the “New York State on Pause” Executive Order (EO 202.8)....Read More

Trial Practice is Real (PA)

A recent case in Pennsylvania illustrates the importance of preserving objections at various points during trial.  The case Dempsey v. Josiassen et al. illustrates objections related to the jury verdict sheet and jury instructions once a case has concluded. In this personal injury case, plaintiff Dempsey was a passenger in a car driven by defendant Osbourne. As Osbourne was slowly driving down...Read More

Clever Defense Strategy Leads to Victory for Motor Vehicle Insurer (NJ)

It is common practice for a defendant in a personal injury action to retain a doctor to conduct an independent medical exam (“IME”) of the plaintiff, with the intention of refuting the findings of the plaintiff’s medical expert.  Often, but not always, the defense report is favorable and the IME doctor will be called by the defense to testify at trial.  In Slomkowski v. New Jersey...Read More