News & Of Interest

You’re No Expert! $6.3 Million Verdict Tossed Because Expert Testimony on Pain and Suffering had No Sufficient Basis (PA)

In Cowher et al. v. Kodali et al., the Pennsylvania Superior Court granted a retrial because of erroneously admitted expert testimony.  Cowher, brought a wrongful death and survival medical malpractice claim against the doctor that failed to recognize her husband’s heart condition, which ultimately led to his fatal heart attack.  Mr. Cowher went to see defendant Dr. Sobhan Kodali after he...Read More

Economic Loss Doctrine Does Not Bar Claims Under UTPCPL Where Those Claims Are Not Based on Contractual Duties Between the Parties (PA)

Pennsylvania’s economic loss doctrine bars suits for negligence that result solely in economic loss without any accompanying personal injury or property damage.  In Dukich v. IKEA US Retail LLC, the Eastern District of Pennsylvania clarified that the economic loss doctrine does not preclude claims under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law (UTPCPL) and a theory of...Read More

Read it and Weep: Plaintiff’s Case Against Insurer Dismissed for Failure to Understand the Insurance Policy (NJ)

In Giselle Polizzi v. Liberty Mutual Fire Insurance Company, the United States District Court for the District of New Jersey case gave a lesson in policy interpretation following a dispute over an automobile policy. In this case, Giselle Polizzi (“Polizzi”) was injured in a car accident with an underinsured motorist while borrowing her parents’ vehicle. Due to language in an endorsement within...Read More

Advertisements Do Not Necessarily Create Warranties (PA)

A Pennsylvania appellate court recently considered whether to reverse a dismissal entry in an alleged breach of contract and breach of warranty claim involving the sale of a used truck. See Kloniecke v. GT Motors, Inc., 2021 WL 276177, No. 806 MDA 2020 (Pa. Super. Ct. Jan. 27, 2021). Kloniecke’s Complaint alleged GT Motors “warranted that the vehicle was in a state of good repair and was safe...Read More

NY Dram Shop Act: An Update

In Heins v. Vanbourgondien, the minor plaintiff and her father brought a personal injury suit against several defendants as result of a motor vehicle accident on a Suffolk County road. This article focuses on the Court’s decision on the minor plaintiffs’ Dram Shop claim against two  7-11 stores. The 17-year-old plaintiff Abigail Heins was operating a vehicle owned by one of the co-defendants,...Read More

District of NJ Denies Insurer’s Attempt to Dismiss Claims for Sexual Abuse Coverage

In School Excess Liability Joint Ins. Fund v. Illinois Union Ins. Co., the United States District Court for the District of New Jersey recently considered whether the plaintiffs, School Excess Liability Joint Insurance Fund (“SEL”), Diploma Joint Insurance Fund (“Diploma”), and School Alliance Insurance Fund’s (“SAIF”) sufficiently pled that they have incurred losses that eroded their retained...Read More

Plaintiff Escapes Snare of Pennsylvania’s Choice of Ways Doctrine at Summary Judgment

In Snair v. Speedway LLC, the United States District Court for the Western District of Pennsylvania addressed whether the defendant was entitled to summary judgment on the issue of liability after the plaintiff slipped on a patch of snow and ice while refueling a delivery truck. Under the facts of the case, the plaintiff was refueling a delivery truck when he went to retrieve some paperwork...Read More

No Good Deed Goes Unpunished In A Snow Storm (NY)

The case of Edwin  Coreano v 983 Tenants Corp., 2021 NY Slip Op 00289 (2nd Dept. 2021) involves a slip and fall on a stairway during an ongoing snowstorm. After discovery was complete, the defendant building owner moved for summary judgment arguing that he should not be held liable under the “storm in progress” rule. The trial court denied the summary judgment and defendant appealed to the...Read More