You’re Fired! Court Weighs Admissibility Of Termination Letter (NJ)
In Hassan v. Williams and ABF Freight, Inc., the plaintiff truck driver was injured when his tractor trailer was rear-ended by the tractor driven by defendant Roland Williams. Plaintiff brought suit alleging negligence and negligence per se for his injuries. Defendants argued that plaintiff merged onto the highway from the entrance at a slow speed cutting in front of defendant. Following...Read More 0
No Liability In NY For Barking Dog
In the recently decided Stack v. Manfredi the Bronx County Supreme Court granted summary judgment in favor of defendants who demonstrated that they had no knowledge of their dog’s vicious propensities. The decision resulted in a dismissal of plaintiff’s complaint, which arose from alleged personal injuries when she braced herself against the defendants’ door to prevent being bitten by their...Read More 0
Trap Down Leads To Store Owner’s Victory (NY)
In Vaughan v. Triumphant Church of Jesus Christ, 2021 NY Slip Op 02560 (2d Dept. 2021), a plaintiff fell down an open trap door in a deli and sued the owner of deli and the building owner. The building owner moved for summary judgment arguing that it did not control the premises and had no notice of the dangerous condition. “An out-of-possession landlord is not liable for injuries that...Read More 0
How Far Does The Duty To Provide A Safe Worksite Extend? (NY)
In Potenzo v. City of NY, the Appellate Division, First Department addressed whether the plaintiff was entitled to partial summary judgment against the defendants City of New York and Tishman Technologies on the Labor Law § 241(6) claim. Plaintiff brought this cause of action against the defendants for personal injuries sustained when he fell on ice while walking on a path between “the...Read More 0
It’s Just Part of the Game: Plaintiff Assumes Risk with Collision at Third (NY)
In Infant v. Loisaida Inc, plaintiff, a thirteen-year-old, was injured when, as he was fielding at third base in a baseball game, a baserunner slid into the base and collided with his left shin. Infant plaintiff brought suit alleging negligence of the league for his injuries. Defendants argued that the plaintiff assumed the risk, as he had played baseball for seven years. The lower court...Read More 0
Hit Pause, Get Hit, Lose Labor Law Protection (NY)
In Palermo v. 7 West 21 LLC, the First Department considered the application of Labor Law 240(1) when work has paused for a break. Plaintiff Palermo and his coworker had just pried a wood form off of a wall where concrete formwork was being done. The wood form measured 3 by 3 feet wide, 8 by 12 feet long, and weighed approximately 175 to 200 pounds. Plaintiff asked to take a short break to...Read More 0
Homeowner’s Policy Fails to Cover Crowded Concert Assault (PA)
The Superior Court of Pennsylvania recently ruled that “industry standards” evidence may be barred in matters dealing with strict liability. In Sullivan v Werner Company, the appellate court finally provided guidance related to the Pennsylvania Supreme Court’s previous decision in Tincher v. Omega Flex as it relate to industry and governmental standards evidence. The underlying incident...Read More 0
Blunt Talk: NJ Supreme Court Holds that a Workers Compensation Carrier Must Pay for an Injured Worker’s Medical Marijuana (NJ)
The New Jersey Supreme Court recently issued a lengthy opinion holding that New Jersey’s Jake Honig Compassionate Use Medical Cannabis Act was not preempted by Federal law and that a workers compensation carrier must pay for an injured worker’s medical marijuana. By way of background, the matter of Vincent Hager v. M&K Construction arose out of a back injury sustained by Hager while...Read More 0