News & Of Interest

For Whom Do I Sign? New Jersey Appellate Division Finds Chaperone Lacked Authority to Sign Liability Waiver

In Gayles v. Sky Zone Trampoline Park, et al., the Superior Court of New Jersey Appellate Division examined whether a parent had apparent authority to sign a liability waiver on behalf of the parents of other children who attended her son’s birthday party at a trampoline park. Under the facts of the case, the parent chaperone, Joan Tongol, invited the plaintiff’s son, as well as eight other...Read More

Court Upholds Highest Damage Award for TBI Injury (NY)

Recently, courts have begun to uphold increasingly high damage awards for plaintiffs’ injuries indicating a change into the modern era where the cost of living and earnings have increased, reflecting the ability of defendants to pay more.   In the case of Perez v. Live Nation Worldwide, Inc., 2021 BL 134621, N.Y. App. Div. 1st Dep’t, No. 13579, April 13, 2021, a Manhattan judge reduced a...Read More

Does a Property Owner have a Duty to Protect against a Driver who Jumps a Curb and Crashes into Their Building? (NY)

In Collins v. Delaware Ave. Enters, Inc., the Appellate Division, Second Department addressed whether the defendant was entitled to summary judgment dismissing the plaintiff’s complaint. Plaintiff brought this cause of action when a motor vehicle jumped a curb and sidewalk and crashed into a strip mall owned by the defendants. At the time of the crash, plaintiff was inside of the building when...Read More

Fraudulent Wire Transfer Not Covered Under Pennsylvania Commercial Policy (PA)

The U.S. District Court in the Eastern District of Pennsylvania recently ruled that an insurance policy only covered a company for fraud based on checks, promissory notes or similar “negotiable instruments”.  In Ryeco, LLC v. Selective Insurance Company, fraudulent wire transfer authorizations were not covered by an organization’s insurance policy. The underlying incident occurred when a...Read More

Slippery When Wet: Defendant Fails to Gain Summary Judgment Because Water Did Not Come From Pool but Leaky Pipes (NY)

In O’Brien v. Asphalt Green, Inc., the plaintiff allegedly was injured when she slipped and fell on a wet condition on the pool deck at an indoor swimming facility, which was operated by the defendant, Asphalt Green, Inc. The defendant moved for summary judgment dismissing the complaint, contending that the plaintiff assumed the risk, and that it cannot be held liable for the...Read More

Call Your Next Witness Podcast – Brian Gibbons Interviews Dan Solinsky of Edelman Krasin & Jaye PLLC

Check out the newest episode of the Call Your Next Witness podcast, where Brian Gibbons interviews plaintiff’s attorney extraordinaire, fellow Bronx County District Attorney’s Office & St. John’s University School of Law alum, and all around good guy, Dan Solinsky of Edelman, Krasin & Jaye PLLC. Dan and I discuss our career paths, which began as prosecutors in the...Read More

This and That–and a Significant WCM Appellate Victory for Jeweler’s Block and Fine Art Insurers Everywhere

As background to this important win in Crown Jewels Estate Jewelry, Inc. d/b/a Stephen Russell v. The Underwriters at Interest at Lloyd’s London  (a claim in which Crown sought indemnity for over $2 Million in stolen jewelry), I remind our readers of the wise admonition of the late Supreme Court Justice Scalia:  Never present to an Appellate Court the question to be decided as an actual...Read More

Pennsylvania Superior Court Attempts To Interpret Tincher

The Pennsylvania Superior Court, in interpreting Tincher, recently confirmed that a plaintiff may simultaneously proceed in alleging a strict products liability defective design claim and a negligent design cause of action. Thus, the legal landscape as to what exactly Tincher means in any practical sense continues to be muddied. In the wake of Tincher, which mixed negligence principles into...Read More