News & Of Interest

Family Not So Fun Day (NJ)

In New Jersey, a plaintiff sought to recover worker’s compensation benefits after she fell in a pothole at a recreational event that was organized by the non-profit organization she worked for. Employees of the non-profit were asked to volunteer to work the event, but were not penalized if they opted out. The plaintiff in Goulding v. NJ Friendship House, Inc., worked as a chef/cook for NJ...Read More

Lack of Boundary or Lack of Claim (NY)

In New York, a plaintiff commenced an action against a School District for alleged personal injuries sustained by her child while he was engaged in a drill during school basketball practice. In Secky v. New Paltz Central School District, the New York Supreme Court denied defendant’s motion for summary judgment dismissing the complaint. The plaintiff’s child in Secky was participating in...Read More

Insurance Coverage: Two Impacts, One Accident

In Belt v. USAA, Ms. Belt was sideswiped by a hit & run driver, spun out of control and, while doing so, was then struck a second time. The second driver stopped to render aid and, true to the adage “no good deed goes unpunished,” was sued by Belt. Belt’s auto policy provided uninsured motorist benefits and defined an uninsured vehicle as one with inadequate insurance, including hit &...Read More

What is Considered an Emergency? (NY)

In Penaranda v. Tesoriero, the Appellate Division, Second Department addressed whether the defendant – Gringhaus was entitled to summary judgment dismissing the plaintiff’s complaint in a hit-in-the-rear motor vehicle accident. Plaintiff alleged personal injuries in connection with a motor vehicle accident when the defendant – Tesoriero cross a double yellow line, entering the...Read More

Nursing Homes Win “Cognitive Awareness” Standard for Pain and Suffering Damages (NY)

What must a jury determine to award pain and suffering damages when a nursing home does not provide the proper standard of care? In a recent New York Appellate Division decision by the First Department, a new trial was ordered for a claim seeking pain and suffering damages in which the Northern Manhattan Nursing Home Inc was accused of failing to properly monitor a patient’s blood sugar levels...Read More

Don’t Be Shocked by Denial of Labor Law 240(1) (NY)

The New York Supreme Court, Kings County has recently held that if a plaintiff is doing non-electrical work at a construction job site but touches live electrical wires and then falls from a height after being electrocuted, that plaintiff is not entitled to summary judgment pursuant to Labor Law 240(1). In Synysta v. 450 Partners LLC, the plaintiff, a painter, was on a Baker’s scaffold and was...Read More

Partner Andy Gibbs Joins WCM’s New Jersey Office

WCM is pleased to announce that Andrew Gibbs, the current President of the Union County Bar Association, has joined WCM as a partner.  Andy has almost 25 years of experience representing insurance companies and their insureds in New Jersey State and Federal courts in a variety of cases including insurance coverage,  general liability, product liability and toxic torts, construction defect...Read More

Call Your Next Witness – Angela Levitan of ARCCA Discusses Biomechanical and Human Factors Analysis

Generally, I’m amused by the term “human factors” in the context of expert testimony.  Doesn’t everything involving people necessarily involve human factors?    When I was a prosecutor, I was similarly amused by the “Anti-Crime” police unit.   As opposed to the “pro crime” unit?    Apologies for the Faulkner-esque stream of consciousness...Read More