News & Of Interest

Doesn’t Take Much to Get Decent Bucks for Aggravation (NY)

Oftentimes we see a plaintiff complaining that harm recently suffered caused exacerbation or aggravation of a prior existing, symptomatic or asymptomatic, condition. Questions relating to the impact of such claims on past and future pain and suffering are left to a jury to decide. Given the subjective nature of such damages, as accustomed, we look to precedent for guidance and enlightenment on...Read More

Google Images Insufficient In Attempt To Prevail On Liability (NY)

In Robinson v. Hess Retail Stores, LLC ,the Appellate Division, Second Department addressed the Supreme Court’s denial of plaintiff’s summary judgment motion on the issue of liability. Plaintiff alleged personal injuries when she tripped over a hole on the sidewalk abutting defendants’ premises. Plaintiff eventually moved for summary judgment contending the defendants were negligent in failing...Read More

Similar, But Much Different

I recently had the pleasure of watching, via video link, a civil proceeding in China.  Pre-Covid, I tried to visit the Beijing civil court but was turned away with the explanation that only people having official business before the court were allowed in. The hearing was conducted via a video link.  At issue was the ownership of a car.  The parties were in agreement; but for bureaucratic...Read More

Negligence After an Intentional Act Can Still Trigger Coverage (PA)

In a recent opinion, the Middle District of Pennsylvania held negligence after an intentional act, which would traditionally exclude coverage under an insurance policy, can still constitute an occurrence thus triggering an insurer’s duty to defend under a policy. The case, Nationwide General Insurance Company and Nationwide Mutual Fire Insurance Company v. Gary DiBileo, Jr., Jerald Coyne, and...Read More

Marinara Sauce Too Hot to Handle? (NJ)

Pizza, Spaghetti, and Mozzarella Sticks.  What these three commonly enjoyed food items have in common is that they are regularly eaten with tomato or marinara sauce.  The flavor combination of flour, wheat, bread, cheese, and tomato sauce is something that virtually everyone enjoys. But what happens when the sauce is capable of inflicting second or third degree burns? The matter of Valdez v....Read More

Appellate Division, First Department, Grants City Additional Insured Coverage in Vicarious Liability Case (NY)

In City of New York v. Travelers Prop. Cas. Co. of Am., No. 14146, 2021 WL 2690464 (N.Y. App. Div. July 1, 2021), the City of New York (the City), plaintiff, contracted with the Central Park Conservancy (CPC) to maintain Central Park.  Pursuant to this commitment, the CPC entered into a subcontract with Bartlett Tree Expert Company (Bartlett) to maintain the park’s trees.  As a requirement of...Read More

Step on Elevator Crack, Break High Heel Back (NY)

Martha Suero-Miller v. Berken Building Co., L.L.C., No. 717010/2020 (Qns. Cnty. Sup. Ct. Jul. 8, 2021) is a personal injury action, wherein plaintiff allegedly sustained damages in a trip-and-fall at her job, due to a mis-leveled elevator. Consequently, she sued the building owner, its managing agent, and the elevator service company hired to maintain the subject elevator. The instant decision...Read More

Call Your Next Witness – Dr. Justin P. Schorr

On this week’s episode, Georgia Coats and Brian Gibbons interview Dr. Justin P Schor an engineer and collision reconstruction expert with DJS Associates, Inc. — a family owned forensic engineering firm where Dr. Schorr has worked since he was a child.  In addition to his collision reconstruction and biomechanical experience, we spent much of the interview discussing autonomous...Read More