News & Of Interest

Pennsylvania Court Declines to “Branch Out” and Impose a Duty

When is a legal duty undertaken to a third party? In Matthews v. Prospect Crozer LLC, et al., the Pennsylvania Superior Court examined this question in the matter of a falling tree branch and an injured plaintiff. The plaintiff was walking on a public sidewalk when a maple tree branch fell from above, striking the plaintiff, and causing severe injuries. The plaintiff sued numerous parties,...Read More

Trivial Defects: A Bar to Plaintiff’s Recovery (NY)

In Speredowich v. Long Island Rail Road Company, the plaintiff commenced a personal injury action against defendant after the heel of her shoe got caught in a crack on a platform in Penn Station. The plaintiff fell and sustained injuries.  At trial, the plaintiff testified that the crack was “approximately ½ inch wide, 9 to 12 inches long, and ¼ inch deep.” Following plaintiff’s testimony, the...Read More

A Tree Falls in Orange County, Does it Make a Sound (of Liability) (NY)

In Pozzani v. Village of S. Blooming, the plaintiff was driving through the Village when a tree fell on her car. Plaintiff sustained injuries, and sued the Village. There was no evidence that the Village knew that the tree was in an unsafe condition before the accident. The Village moved for summary judgment, arguing that it had no actual or constructive notice that the tree was in a dangerous...Read More

Business Interruption Claims in the Covid-19 Era: The Trend Continues

Earlier this week, a federal judge in the U.S. District Court for the Southern District of Florida dismissed a lawsuit seeking coverage for losses associated with the COVID-19 pandemic. In El Novillo Restaurant, et al. v. Certain Underwriters at Lloyd’s, London, et al., the plaintiffs filed suit seeking coverage for business income losses due to Covid-19.  In response to the amended complaint,...Read More

Add Mud To The List Of Dangers Covered Under Labor Law 240(1) (NY)

The First Department has previously held that Labor Law 240(1), which provides strict liability protecting plaintiffs against gravity-related risks, applies if a worker standing on a platform on the surface of a body of water falls into that body of water. See, Pipia v. Turner Constr. Co., 114 A.D.3d 424 (1st Dep’t 2014), lv dismissed 24 N.Y.3d 1216 (N.Y. 2015). In a recent case where the...Read More

Follow Form Excess Policy Does Not “Drop Down” Following Rescission of Primary Policy (NY)

In a split-decision, the New York Court of Appeals recently ruled in favor of excess insurer Insurance Company of the State of Pennsylvania (ICSOP), finding that the policy follow-form provision did not override the policy’s defined limits of coverage. The coverage dispute involved the insurance contracts covering general contractor Kam Cheung Construction for a personal injury suit brought by...Read More

Quality-Quantity Analysis Transfers Plaintiffs’ Lawsuit To New Venue (PA)

The Court of Common Pleas of Monroe County recently denied a plaintiff’s attempt to venue a lawsuit in Monroe County, Pennsylvania. In Baughman v Hershey, the plaintiff’s accident took place in Daupin County, Pennsylvania and the plaintiff attempted to argue that sufficient contacts were made in Monroe County, Pennsylvania as well. The incident involved a slip and fall which took place at...Read More

Cart before the Horse? How the New Jersey Courts Vacated an Order to Compel Arbitration (NJ)

On December 2, 2020, the Superior Court of New Jersey, Appellate Division vacated the trial court’s order to compel arbitration and remanded the case to trial court in Knight v. Vivint Solar Developer. The Appellate Division reasoned it was unclear from the record whether the plaintiff agreed to arbitrate disputes under the agreement and remanded for a plenary hearing to the trial court. The...Read More