News & Of Interest

Step Risers Into Showers Are Not Open And Obvious (NY)

New York Courts recently held that a step riser in a shower stall in a gym locker room is not obvious and not dangerous. In Lore v. Fitness International LLC , plaintiff tripped and fell on a tiled single-step riser while entering a shower stall in the locker room at defendant’s gym. The single-step riser was approximately 4.5 inches high but was tiled in the same color and pattern as the...Read More

Plaintiff Failed To State A Claim For Alleged Workplace Assault (NY)

Plaintiff, a staff accountant, complained to her employer of workplace safety violations following an alleged physical assault by a co-worker. Defendant employer terminated plaintiff shortly after her allegation, and plaintiff filed suit, through counsel, alleging that defendant employer terminated her in retaliation for her workplace safety complaints in violation of Labor Law §§ 215 and 740....Read More

Wade Clark Mulcahy LLP Expands on Long Island with Addition of Steven F. Goldstein LLP

Wade Clark Mulcahy is pleased to announce the expansion of its Long Island presence with its merger with Steven F. Goldstein LLP.  In addition to Steve Goldstein, who will be Of Counsel to WCM, Partner Gina Arnedos and associate Patrick “PJ” Argento will join WCM, and current WCM Partner Brian Gibbons will serve as the managing partner of the Long Island office. They will focus primarily on...Read More

Happy Holidays from Wade Clark Mulcahy

Another year in the books!    2022 saw in person litigation begin to come back in earnest (thank goodness), but looking forward, we won’t be cancelling our Teams/Zoom accounts any time soon — some degree of remote conferencing is certainly here to stay.    WCM continues to enjoy growth, in large part due to the loyalty of our friends and clients within and without the United...Read More

Insurer’s Denial Goes To Jury If Policyholder’s Expert Report Contradicts Insurer’s Grounds for Denial (NY)

The United States District Court for the Western District of New York recently determined that summary judgment is inappropriate where competing expert reports make it impossible to determine whether an insurance company’s asserted exclusions apply.  In James P. Pronti & Kelly A. Pronti v. Hanover Insurance Company, the Court addressed this issue in a breach of contract case where the...Read More

Furnishing The Occasion Is Not the Same As Causation In Premises Liability Case (NY)

Furnishing the occasion for a trip and fall, may not lead to a party being found as the cause of the accident. Generally, if a premise is open to the public, the owner has a nondelegable duty to provide the public with a reasonably safe premise and safe means of ingress and egress. However, that duty ends at the property line, absent extenuating circumstances. In Ellen Buehler v. Town of...Read More

Known Threat Creates Potential Liability For Retailer In Shoplifting Case (PA)

The Eastern District of Pennsylvania found that retailers can be found negligent when one customer attacks another and the store had reason to know that the attacker was likely to present a threat. In Cimbat v. Old Navy LLC, Rebecca Cimbat was assaulted by fellow shopper Ikea Lynch.  Prior to the incident, Cimbat had approached Lynch and accused her of shoplifting. Cimbat then informed the...Read More

Federal Court Shuts Down Plaintiff On A Products Liability Warning/Defect Case (PA)

In the recent case of Mains v. Sherwin-Williams Company, United States District Court for the Eastern District of Pennsylvania reiterated a plaintiff must actually read the product’s warning labels, or provide evidence to support a reasonable inference that additional warnings may have prevented the injury.  Plaintiffs’ suit for strict liability, negligence, and breach of implied warranty,...Read More