Trial Practice

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

Pennsylvania Court Overturns “Grossly Excessive” Verdict (PA)

No defense attorney or insurance professional wants to be in a position where they have to challenge the size of a verdict, but one recent decision from the Superior Court of Pennsylvania shows why trying to do so is sometimes worth the proverbial shot. In Guirlene v. Ryan, the plaintiff had been injured in a motor vehicle accident.  She alleged that she was driving in Philadelphia when she...Read More

Keeping Track of Non-Party Witnesses (NY)

In a recent trial, the City of New York’s key witness was a non-party and Corporation Counsel disclosed her phone number and last-known address during the course of discovery.  Despite this disclosure, the trial judge sanctioned the City, precluded the witness, and refused to make alternate arrangements for her to testify when she expressed a disinterest in testifying before a jury.  The trial...Read More

Objections to Verdicts That Are Against the Weight of Evidence Always Preserved for Appeal (NY)

In Evans v. NYCT, the Appellate Division heard an appeal from the plaintiff for a new trial claiming the jury verdict was against the weight of the evidence.  The City opposed the appeal because plaintiff failed to make a post-verdict motion to set aside the verdict and claimed the objection was thereby waived.  The Second Department disagreed.   Plaintiff was allegedly injured when she...Read More