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
Bar To Coverage! Assault & Battery Exclusion Upheld On Appeal NY)
Can a premises liability cause of action in a complaint based upon a shove down the stairs overcome an assault and battery insurance exclusion? In NHJB Inc v. Utica First Insurance Company, New York’s Appellate Division, Fourth Department heard argument over whether insurance coverage was properly denied when the policy involved an assault and battery exclusion but Plaintiff’s claim also...Read More 0
Plaintiff’s Complaint Partially Dismissed Due To Off-Target Claims (PA)
In a recent negligence case, Beatrice Hena v. Target Corporation, heard in the Eastern District of Pennsylvania, Plaintiff alleged she slipped and fell on a slippery and dangerous wet floor while shopping at a Target store in Philadelphia, that Target knew or should have known about the allegedly dangerous condition and did not exercise reasonable care in remedying the condition or warning her...Read More 0
Stolen Car or Implied Consent? Look Beyond the Driver’s Seat (NJ)
During a night of imbibing, Galvan-Martinez asked his good friend Munoz for a ride to work the following morning. Munoz responded non-committedly, stating that he would “if he had time.” A few drinks later, Munoz walked home, leaving his keys behind. The next morning Munoz received a phone call from his friend advising that he had driven Munoz’s vehicle to work and been involved in an...Read More 0
Chutes and Falling Ladders: Superior Court Delves into the Appropriate Venue for a Strict Products Liability Case (PA)
In Kornfeind v. New Werner Holdings Co., Inc. William Kornfeind (“plaintiff”) was standing on a ladder when it slid downward, causing plaintiff to fall and sustain severe injuries. Plaintiff brought claims of strict products liability and negligence against New Werner, the designer of the ladder. Defendant filed a motion for summary judgment after discovery concluded. New Werner claimed that...Read More 0
by Heather AquinoNovember 13, 2020 Motion Practice, Litigation, New York, Of Interest, Premises Liability0 comments
A Small Trip On The Subway (NY)
Some property owners may think that a defect on their property is so small that it could not possibly lead to a claim or lawsuit. Some claims adjusters may think that a claim with a small defect is de minimus and the case will be thrown out at the end of discovery. This week we highlight a case where a plaintiff sued the New York City Transit Authority when he tripped and fell on a the edge of...Read More 0