by Colleen HayesNovember 25, 2020 Motion Practice, Of Interest, Pennsylvania, Premises Liability0 comments
EDPA Grants Partial Summary Judgment on Negligent Hiring and Vicarious Liability Claims
In Hena v. Target Corporation, 2020 WL 6321581 (E.D. Pa. Oct. 28, 2020), the Eastern District of Pennsylvania dismissed claims for negligent hiring and vicarious liability arising from a slip and fall accident. In brief, in August 2018, Beatrice Hena was shopping in a Target store in Philadelphia when she “slipped on a slippery and dangerous wet floor and fell, causing her to suffer serious...Read More 0
NY Civil Trial Practice Update: Admissibility of Uncertified Police Reports
The Appellate Division of the Supreme Court of New York, Second Department’s recent ruling in Yassin v. Blackman, 188 A.D.3d 62 (2d Dep’t 2020) abrogates prior case law, which had previously held a party’s admission in an uncertified police report was admissible. Following Yassin, an uncertified police accident report no longer constitutes admissible evidence, absent a proper foundation for...Read More 0
NJ Court Holds Statutory Insurance Minimums Supersede Stated Policy Coverage Limits
The matter of Rafanello v. Taylor-Esquivel arose out of a multi-vehicle accident involving a commercial dump truck operated by Jorge Taylor-Esquivel and under the control of his employer, NAB Trucking (the truck was leased). Esquivel, however, was not listed in the Covered Driver’s section of NAB’s liability policy. The trial court determined that NAB’s exposure was capped at $35,000 which, in...Read More 0
NJ Federal Court Rejects E&O Insured’s Claim for Spoofing Loss
In Authentic Title Services, Inc. v. Greenwich Insurance Company, et. al, the District Court of New Jersey held that coverage was barred under an E&O Policy for a loss resulting from a spoofing scam based on an exclusion for claims resulting from “misappropriation” of funds. The insured, Authentic Title Services, obtained a Title Professional Liability Errors and Omissions policy from...Read More 0
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 0
Jury Trial Suspension Due to COVID-19
Courts in the tri-state area have recently announced the suspension of jury trials due to the increase of COVID-19 cases. Philadelphia County and other Pennsylvania counties began resuming jury trials in September. On November 17, 2020, the Court of Common Pleas of Philadelphia County suspended jury trials until January 2021. https://www.courts.phila.gov/juryservice/;...Read More 0
NRA Forced To Retreat (NY)
The National Rifle Association will pay a $2.5 million penalty and will be banned from selling insurance products in New York after state regulators found the organization violated the New York State Insurance Law for nearly two decades. The settlement with the New York State Department of Financial Services ended the state’s three-year investigation into the not-for-profit organization’s...Read More 0
In Pennsylvania, Homeowners Need Not Show Diminution In Value When Calculating Damages for Defective Construction Claims
In Woullard v. Sanner Concrete and Supply, the Pennsylvania Superior Court recently affirmed the lower court’s damages ruling, stating that the plaintiff homeowners were not required to present evidence of diminution in value of their home, attributable to the defective work, as part of calculating damages. Plaintiff homeowners hired several contractors to perform work on the home’s stonework,...Read More 0