News & Of Interest

Expert’s Questionable Report Ultimately Thwarts Summary Judgment (PA)

In deciding an appeal from the Court of Common Pleas of Philadelphia County, the Superior Court of Pennsylvania determined that summary judgment in a personal injury action was inappropriately granted in favor of defendant Consolidated Railroad Corporation (Conrail). The trial court’s conclusion that no genuine issue of material fact was created as to causation even though a belated...Read More

Landlord Not Liable For Repairs Unless The Lease Requires (NJ)

In McCauley vs. American Property Management Group, LLC, Plaintiff brought forth an appeal from a March 18, 2022 order granting Defendant Summary Judgment. William Marley is defendant’s principal and sole owner. Marley is employed by American Millwright and Rigging (AMR), a business that builds, repairs, and moves heavy machinery and equipment. Plaintiff worked at AMR as a mechanic and Marley...Read More

One Inch Height Differential Can Be One Step Closer To Summary Judgment (NY)

When a plaintiff commences an action to recover damages for personal injuries involved in a trip and fall due to a height differential between a curb and a sidewalk, the condition must be actionable and not deemed trivial. For example, in Haber v. CVS Pharmacy, Inc., 2023 NY Slip Op 03002 (2d Dep’t June 7, 2023), the plaintiff alleged she tripped over a curb and sidewalk when walking at CVS...Read More

An Issue Of First Impression For PA: Are Minor Children Bound To Arbitration Agreements Signed On Their Behalf?

In Santiago v. Philly Trampoline Park LLC, the Superior Court of Pennsylvania was tasked with deciding an issue of first impression in the state: whether a parent’s role as a natural guardian entitles that parent to bind their minor child to an arbitration agreement and waive that child’s right to seek redress for injuries in a court of law.  Santiago v. Philly Trampoline Park, LLC., 291 A.3d...Read More

New Claims At The End Of Discovery Are Insufficient (NY)

In Smith v. 3173 Gas Corp. (2d Dept. 2023), the plaintiff sustained injury when she slipped on an entrance/exit ramp as she left a gas station. It was established during testimony that it had been raining at the time of the accident and the ramp was wet. After depositions were completed, but before the Note of Issue was filed, the defendant moved for summary judgment arguing that he could not...Read More

Supreme Court Rejects Narrowing Of Employer Immunity From Tort Liability, Under the Workers’ Compensation Act (PA)

In the recent case of Franczyk v. Home Depot Inc., the Supreme Court of Pennsylvania found that when relief in the form of workers’ compensation is available for a workplace injury, the exclusivity provision of Pennsylvania’s Workers’ Compensation Act (“WCA”), bars employees from also seeking tort relief against their employer. Plaintiff-Franczyk suffered a dog bite, from a customer’s dog,...Read More

Fraudulent Joinder To Retain State Jurisdiction Denied By Federal Court Of Appeals (PA)

In Williams v. John Middleton Company, the Third Circuit Court of Appeals recently issued an  opinion instructive as to what might make for a fraudulent joinder of a defendant for the purposes of avoiding federal court. In the case, plaintiff filed a products liability action after allegedly being injured from attempting to light a cigar/cigarillo which resulted in an explosion. Of the four...Read More

Summary Judgment On Material Misrepresentation Not Granted Due To “conclusory” Evidence Without Supporting Documentary Evidence (NY)

The Supreme Court of New York Appellate Division, Second Department recently affirmed an order from the Supreme Court, denying a plaintiff-insurer’s motion for summary judgment, holding that the insurer failed to establish that the insured made a material misrepresentation as a matter of law where the insurer produced only “conclusory” testimony from an underwriter and did not produce...Read More