News & Of Interest

Was The Defect Trivial?

In Santos-Brea v. 901 Honeywell, LLC the Supreme Court, Bronx County addressed whether the raised sidewalk at issue was considered trivial and in turn, not actionable.  Plaintiff alleged to sustain injuries when the front wheel of her walker hit a raised sidewalk adjacent to the defendant’s property. The defendants argued that the alleged defect was trivial in nature. In addition, their expert...Read More

Is Routine Cleaning Protected Under the Labor Law

The Labor Law protects a plaintiff when he or she is engaged in the erection, demolition, repairing, altering, painting, cleaning, or pointing of a building or structure. But what defines cleaning? In the case of Healy v. EST Downtown, LLC, 191 A.D.3d 1274 (4th Dep’t 2021), plaintiff was employed as a maintenance and repair technician by a certain building property manager. Plaintiff’s regular...Read More

Call Your Next Witness – The 15 Commandments of Billing

What better topic to discuss during these hot Summer months than effective legal billing!    Georgia and Brian recently compiled “The 5 Commandments of Billing,” and with new associates starting at firms across the United States after Labor Day weekend, we opted to commit our 15 Commandments to the podcast.     Link to the episode is here.  The goal of this episode is to focus on...Read More

WCM Welcomes Steve Kim and Craig Chaney to our NJ Office

WCM is pleased to announce the return of Steve Kim, and welcomes Craig Chaney, both at the rank of counsel in our New Jersey office. Steve previously worked for WCM as a litigation associate from 2014 – 2019.  During that time, he handled complex, large exposure cases, consistently achieving favorable results for our clients.  Steve returns having gained further experience in managing,...Read More

Absolute Liability Arising From Violations of NY Labor Law §240 Depends On Exact Scope Of Employment

In Gonzalez v. DOLP 205 Properties II, LLC, 206 A.D.3d 468 (2d Dep’t 2022), the plaintiff construction worker sustained injuries after falling from stilts he was standing on while performing work. Given his injuries stemmed from an elevation-related hazard, the plaintiff claimed the defendant property owner was liable under New York Labor Law § 240(1), and initially prevailed on his summary...Read More

Submitting A Claim To The Wrong Insurance Company Is Not A Reasonable Excuse For Untimely Submission Of A Claim

If an insured sends a claim form to the wrong insurer, that error is not a reasonable justification for failing to submit a claim to the proper insurer within the time limit enforced by the policy of insurance. In New Millennium Medical Imaging, P.C. v. 21st Century Insurance Company, 2022 WL 2525553 (2nd Dep’t 2022), a defendant insurer disclaimed coverage for a first-party no-fault claim...Read More

PA Courts Put A Limit On Extensive Discovery

In a recent case from the Eastern District of PA, Fost v. Kennedy, the court denied the plaintiff’s motion to compel the defendant to produce extensive documents in a punitive damages case. In this auto accident case, the court held several discovery conferences to resolve discovery issues. The parties exchanged seven letters concerning discovery. The court finally ruled on a motion to compel...Read More

Plaintiffs Might Need a Stopwatch: Plaintiff’s Defect Claim Dismissed Due To Failure To Prove How Long A Defect Existed

In Hendershot v. Walmart, Inc., the Pennsylvania District Court for the Middle District of Pennsylvania dismissed a case against Walmart because the plaintiff failed to provide evidence of how long a mat was rolled up before the plaintiff tripped and fell. In Hendershot, the plaintiff filed suit against Walmart after she tripped and fell on a rolled-up mat in her local Walmart store. Walmart...Read More