Got Privilege? Think Again (PA)
In Virnelson v. Johnson Matthey, the Pennsylvania Superior Court addressed whether the defendants were required to disclose an on-site investigative report prepared by an engineering consultant after an accident. The plaintiff in this matter fell to his death after he inhaled excessive levels of nitrogen. Five days later, the defendants retained an engineering consultant to perform a site...Read More 0
Vicious Propensity Rule: Not a Protection for All (NY)
In Hewitt v. Palmer Veterinary Clinic, PC, 35 N.Y.3d 541, 547, 159 N.E.3d 228, 231 (2020), the plaintiff sustained injuries in the Palmer Veterinary Clinic’s waiting room when a dog attacked her, resulting in bodily injuries. The defendant Palmer raised the vicious propensity rule and argued that it had no prior knowledge of the canine’s vicious propensities. The Appellate Division agreed with...Read More 0
by Heather AquinoMarch 5, 2021 Litigation, New York, Of Interest, Premises Liability, Sports Injuries0 comments
Take Me Out To The Muddy Ballgame (NY)
This week, we bring you a slip and fall involving a softball game in Smithtown, NY. In Chiaramonte v. Town of Smithtown, 2021 NY Slip Op 01244 (2d Dept. 2021), defendants were granted summary judgment dismissal of all claims for a plaintiff who slipped and fell on muddy field conditions while she was playing a charity softball game organized by defendants. The defendants won dismissal by...Read More 0
Jury Trials in the Age of COVID. An Insider’s View of What Courts Will Look Like.
Subject to approval from the City of Philadelphia – the Court is a tenant of the City in Philadelphia City Hall — civil jury trials are set to resume in Philadelphia this week. On Friday, as a defense lawyer representative, I had the chance to attend a walkthrough hosted by Presiding Civil Judge Anders and get a sense of what the physical setup will be. Here is a quick overview and...Read More 0
Homeowners Policy Fails to Cover Crowded Concert Assault (PA)
The United States District Court for the Western District of Pennsylvania recently determined that an insurer did not owe defense or indemnification to a homeowner who allegedly punched another person while attending a concert. In State Farm Fire and Casualty Company v Simone, the insurance company filed a declaratory judgment action against its insured and moved for judgment on the...Read More 0
Grandma’s Love Recognized As Immediate (NY)
The New York Court of Appeals recently ruled in favor of expanding the definition of “immediate family” under the New York Zone of Danger theory of recovery to include grandparents. The certified question was whether the Appellate Division properly held a grandchild was excluded from the class of persons constituting a grandparent’s “immediate family”, and the Court answered it in the...Read More 0
Include It or Lose It: Insurance Policies v. Reservation of Rights and the Recovery of Defense Costs (NY)
Insurance policies act as binding contracts setting the scope of coverage and exclusions as the insurer sees fit, pursuant to the laws of the state. A recent court decision in New York has established that insurance policies must be confined to the four corners of its content. The recent Second Department decision in American W. Home Ins. Co. v Gjonaj Realty & Mgt. Co. held that upon...Read More 0
Baseball Player Used Eye As Catcher’s Mitt, Assumed The Risk (NY)
In Grady v Chenango Valley Central School District, Plaintiff, then a high school senior and member of the Chenango Valley High School boys’ varsity baseball team, sustained permanent injuries to his right eye after being struck in the head by a baseball during a combined varsity and junior varsity outdoor baseball practice. Plaintiff commenced this action alleging that his injuries were...Read More 0