Damage Award Not Guaranteed Where Jury Finds Negligence and Causation (PA)
The Pennsylvania Superior Court recently affirmed a jury award of no damages in a three car auto accident case where the jury found one of the defendants negligent and the factual cause of the alleged injuries. See Felder v. Kukuyev, et al., 2020 WL 7780060, No. 920 EDA 2020 (Pa. Super. Ct. Dec. 30, 2020). In Felder, the Plaintiffs sought to recover non-economic damages (i.e. pain and...Read More 0
Conclusory Allegations of Bad Faith Against Insurer Insufficient to Survive Motion to Dismiss (PA)
Recently, in Daniel Dietz v. Liberty Mutual Insurance Company, the Eastern District of Pennsylvania considered whether the factual averments in the plaintiff’s complaint were sufficient to overcome Liberty Mutual Insurance Company’s partial motion to dismiss Dietz’s bad faith claim pursuant to Federal Rule of Civil Procedure 12(b)(6). By way of brief background, Dietz was involved in a motor...Read More 0
Excess Coverage: Unlimited Exposure for the Excess Carrier? (PA)
In Jin Ming Chen v. Insurance Company of the State of Pennsylvania (Ct. of Appeals, 2020), Plaintiff commenced a personal injury suit after sustaining an injury at a construction site. At the time of the suit, defendant Kam Cheung Construction maintained both primary and excess coverage. The combined coverage limits totaled five million dollars per occurrence: one million per occurrence from...Read More 0
WCM Attorneys Become Published Authors in Counterpoint.
Partner Bob Cosgrove and associate Lauren Berenbaum and Partner Colleen Hayes have written essays in the COUNTERPOINT – December 2020 Issue, the Pennsylvania Defense Institute’s quarterly newsletter. The PDI is the Pennsylvania state affiliate of the Defense Research Institute. Bob and Lauren’s essay is entitled Is Our Biometric Data Protected and explores some of the new...Read More 0
WCM’s 2020 Year in Review
At this point, more than enough has been written about 2020. COVID-19 changed the world, and how we all view it. When we left our physical offices in mid-March – and told everyone we’d see them the Monday after Easter – the prospect of working remotely for a month seemed like an eternity. Nearly ten months later, and well, here we are. Despite the pandemic, Wade Clark Mulcahy LLP has...Read More 0
Prime Time To Sue Amazon
Amazon has traditionally been exempt from various states’ product liability laws by successfully arguing that Amazon is not a “seller” when it comes to products sold by third-parties through Amazon’s website. Previously, a California Appellate Court overturned a lower court and ruled that Amazon.com played a pivotal role in every step of a plaintiff’s purchase of a replacement laptop computer...Read More 0
by Colleen HayesDecember 23, 2020 Litigation, Negligence, New Jersey, Of Interest, Premises Liability0 comments
NJ Appellate Division Refuses Plaintiff’s Attempt to Strike an Element of New Jersey’s Res Ipsa Loquitur Doctrine (NJ)
The matter Pannucci v. Edgwood Park Senior Housing, et al., involved an elderly plaintiff who was injured while entering an elevator in her senior living facility. The plaintiff sued the owner of the premises, the owner’s property manager and the elevator maintenance company retained by the property manager. At issue in the case, was the doctrine of Res Ipsa Loquitur (the thing speaks for...Read More 0
NY’s “Pothole Law,” Prior Written Notice Statutes, and the Affirmative Negligence Exception (NY)
In Martin v. City of New York, No. 12318, 2020 WL 7347089 (1st Dep’t, Dec. 15, 2020), the Appellate Division, First Department clarified a municipality’s liability exposure, pursuant to a prior written notice statute and the affirmative negligence exception. In Martin, Plaintiff alleged he sustained personal injuries when falling on a roadway in the Bronx. Defendant owned and maintained the...Read More 0