News & Of Interest

NYC Seeks Coverage for Underlying Asbestos Claim, Creating Opportunity for Court to Analyze Scope of “Pollution” Exclusion (NY)

The City of New York filed suit in New York County Supreme Court against an insurer seeking coverage for two underlying lawsuits in which the plaintiffs alleged injuries resulting from exposure to asbestos. This case may thus present the opportunity for another New York court to weigh in on the application of a liability policy’s “pollution” exclusion to a claim for asbestos injury, an issue...Read More

Covid-19 Closures and the Reasonable Expectations of a Commercial Insured is still undecided in Pennsylvania (PA)

COVID-19 related insurance litigation has often left insurers with more questions than answers. In Brown’s Gym, Inc. v. The Cincinnati Ins. Co., another open question of law in Pennsylvania is being looked at in relation to such a COVID-19 initiated case. Here, the Court of Common Pleas of Pennsylvania in Lackawanna County recently ruled that a case by a commercial insured looking to sue...Read More

Trial Court’s Erroneous Instruction on Expert’s Testimony Regarding “Recklessness” Overturns a $2,000,000 Verdict and Orders a New Trial (PA)

James Temple, Administrator For The Estate of Elma B. Temple v. Providence Care Center, LLC D/B/A Providence Care Center involved a fall of a resident, Elma Temple at a nursing home, Providence Care Center in 2011. After the trial resulted in a verdict of $2 million in compensatory damages and $250,000 in punitive damages, Providence filed a motion for judgment notwithstanding the verdict. The...Read More

There is No Such Thing as the “Sudden Emergency Defense” according to the Pennsylvania Supreme Court (PA)

In Graham v. Check, the Pennsylvania Supreme Court held that the “sudden emergency doctrine” should not be understood as a defense to alleged negligent driving. Further, a claimed “sudden emergency” will not diminish the standard of care drivers should exercise. In the early morning hours of March 6, 2018, plaintiff Francis Graham crossed the street without a “walk signal.” He was wearing all...Read More

Plaintiff Falls Short in Premises Liability Matter (PA)

The Pennsylvania Superior Court provided important provides insight into the potential arguments that arise when a plaintiff is injured in a client’s rental property. In Monica Sprouse v. Daniel Keller and Kim Keller, & Donald Neill and Re/Max Action, plaintiff Monica Sprouse  unsuccessfully appealed the trial court’s decision which granted defendants motions for summary judgment. At the...Read More

Insurer’s Assault and Battery Exclusion upheld in Bronx County Supreme Court for a Slip and Fall Arising from Spilled Drinks during a Club Melee (NY)

Quanisha Simmons commenced a personal injury action against Blvd Bar & Lounge nightclub, located in Westchester County, New York, when she slipped and fell on a puddle of spilled drinks, which was on the floor due to “a melee which erupted within and without the club.” Simmons testified that she was pushed, shoved, and trapped in the bar at her deposition, and when she took a step toward...Read More

Pennsylvania Supreme Court Declines to Adopt the “Continuous Representation Rule” for Legal Malpractice Claims

In Clark v. Stover, et al., the Pennsylvania Supreme Court declined to adopt the continuous representation rule to toll the statute of limitations in legal malpractice claims. This case arose from Stover’s representation of his client, the testator’s brother in an estate lawsuit filed in 2008, as well as a second related-complaint filed in 2010. After both lawsuits failed, in 2015, Clark filed...Read More

Slip & Fall Shows a Mountain of Triable Issues of Fact (NY)

In Jubie v. Emerson Management Enterprises, LLC, (3d Dept. 2020), a plaintiff slipped and fell on an icy parking lot in Ulster County, NY. Plaintiff commenced an action against the management company for the parking lot, and subsequently named Kenneth Umhey in her action, because he provided snow removal services for the parking lot under contract with the management company. Umhey moved for...Read More