News & Of Interest

Creative Pleading In PA Requires A Duty To Defend

In Siehl v. City of Johnstown, et al., the plaintiff was convicted of murder and was incarcerated for twenty-five years. The plaintiff alleged that, during his period of incarceration, the defendant city and county withheld exculpatory evidence and produced false disclosure statements. After multiple hearings, the Court determined that the defendant officers were untruthful and hid exculpatory...Read More

Need Surveillance Footage To Frame A Complaint? Well, That’s Too Bad (NY)

In Villani v. Rite Aid of N.Y., Inc., Index no. 155613/2022, the Hon. Arlene P. Bluth of New York County Supreme Court has denied a petitioner’s request for a pre-action disclosure of in-store surveillance video from an October 2021 accident. The petitioner claims she suffered severe facial and eye injuries when she collapsed and struck her head in a Rite Aid in Manhattan after fainting from a...Read More

Uber Eats Not Required By Statute To Maintain $1.5 Million In UIM Coverage (NJ)

On September 27, 2022, raised as an issue of first impression in Malzberg v. Josey, et al., no.: A-2883-20, a New Jersey state appeals court held that insurance coverage requirements under the state’s Transportation Network Company Safety and Regulatory Act (“TNCSRA”) do not apply to Uber Eats’ food delivery services. Specifically, the three-judge panel affirmed summary judgment in favor...Read More

Readily Observable (NY)

In a recent decision, Williams v. E And R Jamaica Food Corp., the Second Department held that ” a condition is open and obvious if it is ‘readily observable by those employing the reasonable use of their senses, given the conditions at the time of the accident.” The Appellate Court granted defendant’s appeal in matter where plaintiff sustained personal injuries as a result of...Read More

Expert Report On Blood Alcohol Content (BAC) Does Not Prove Intoxication In Dram Shop Case (NY)

In Stanley v. Kelly, 2022 NY Slip Op 04847 (4th Dept. 2022), the decedent, Michael Stanley, died while operating a snowmobile lent to him by defendant Thomas Kelly, after they were all drinking at the Boonville Hotel. The autopsy concluded Stanley had a blood alcohol level (BAC) of .16% and his intoxication led to his accidental death. The decedent’s next of kin sued Thomas Kelly for negligent...Read More

Forum Shopping Comes Up Empty (PA)

In a recent ruling from the Superior Court of PA, Kendall v. Ford Motor Company, the Court affirmed a lower Court granting defendant’s motion to transfer based on forum non conveniens. The complaint concerned a traffic accident that occurred in Bucks County, yet plaintiff’s counsel filed the complaint in Philadelphia County, a plaintiff friendly trial pool. The court held that because the...Read More

Introducing WCM’s 2022 First Year Associates

We are pleased to introduce WCM’s newest team of first year associates, who are starting with us this week across our New Jersey, New York and Pennsylvania offices. New Jersey Harry Harnitchek is a graduate of Rutgers Law School and was a staff editor on the Rutgers Journal of Law and Public Policy.  Harry completed undergraduate studies at the University of Pittsburgh.  Prior to...Read More

NY Continues Statewide and National Trends Rejecting COVID Business Interruption Claims

Yet another court in New York has ruled against an insured’s lawsuit for breach of contract against the insurer for not covering business losses as a result of the pandemic. In Spirt Airlines v. American Home Assurance Company, Justice Reed of the New York State Supreme Court, New York County, held, as scores of other state and federal courts have held nationwide, that coverage under the...Read More