The Path Less Traveled: Walk on Grassy Medium Leads to Summary Judgment
Last month, New Jersey’s Appellate Division affirmed a trial court’s summary judgment decision where a Poconos Casino was granted summary judgment in a premises liability action. In Failla v. Mount Airy Casino Resort, LP, a plaintiff and her son travelled from Lyndhurst, New Jersey to Mount Airy Casino Resort in Mount Pocono Pennsylvania. Plaintiff was walking in the casino’s handicapped...Read More
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Physical Distance and Adjoining Properties (PA)
On March 2, 2022, the Eastern District of Pennsylvania in Daisy Larcena Walker v. Foremost Insurance Company Grand Rapids, Michigan and Debra Elaine Tucker, granted Foremost Insurance Company Grand Rapids, Michigan (“Formeost”) and Debra Elaine Tucker’s (“Tucker”) motion for summary judgment in an insurance coverage dispute. By way of brief background, the plaintiff, Daisy Larcena Walker...Read More
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In Memory of Jeff Weston
We at WCM mourn the untimely passing of our long-time friend and London Market representative Jeff Weston on February 19, 2022. Jeff was felled by a heart attack during a skiing holiday in Finland with his dear wife Irina and their two lovely young girls, Sienna and Lucia. In the midst of pain and deep sorrow for a life tragically cut short, we give thanks for knowing Jeff and enjoying the...Read More
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Alec Baldwin Sued For Wrongful Death Of Cinematographer
In a well-publicized incident which took place in October 2021, cinematographer Halyna Hutchins was shot and killed by actor Alec Baldwin on the set of the movie “Rust.” On February 15, 2022, the Hutchins family filed a wrongful death lawsuit in New Mexico’s 1st Judicial District Court against the movie’s producers and certain cast and crew members, including Alec Baldwin. At the time of the...Read More
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Can New York Horse Owners Be Liable When Their Horses Stray From Property Owned By Others?
In Saddlemire v. Hunsdon, No. 532527, 2022 WL 398883, at *1 (N.Y. App. Div. Feb. 10, 2022), the New York Appellate Division, Third Department, recently addressed the potential liability of the owners of horses who strayed from the property on which they were kept. In that case, two horses were being boarded on a horse farm owned by the defendants. The horses ventured off the farm and collided...Read More
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Vet Clinic Denied Summary Judgment In Mistaken Dog Bite Case (NY)
New York courts do not recognize a cause of action for common-law negligence in dog bite cases, but an injured plaintiff can recover under a theory of strict liability if they can meet the specific burden of proof. In Ciaccio v. Mamaroneck Veterinary Hosp., P.C., 2019 N.Y. Misc LEXIS 1254, the Supreme Court of New York, Westchester County, addressed these issues in a case where a dog owner...Read More
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Lack Of Inspection Records Found Fatal To New York Notice Defense (NY)
The ability of a New York premises liability defendant to pursue a notice defense may depend on the timing and evidence of property inspections. In Argueta v. 3251 Third Ave. LLC, the Supreme Court, Bronx County recently addressed this issue in a case where plaintiff was injured after being hit by a falling ceiling tile. The defendant moved for summary judgment, arguing that it did not have...Read More
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Call Your Next Witness – Dr. Ron Grelsamer
Orthopedic Surgeon and Author — both with regard to orthopedic surgery, and to his expertise on the Beatles — and all around interesting guy to speak with, Dr. Ronald Grelsamer is a true renaissance man. He recently joined me as a guest on the Call Your Next Witness podcast. Frankly, we could have done an entire podcast on the Beatles. (For example, any Beatles fan is familiar...Read More
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