Off Trail Hiker Falls Off Cliff And So Does His Claim (NY)
In Weirich v Finger Lakes Land Trust, Plaintiff brought suit against the Defendant after suffering injury after falling down a steep slope in a nature preserve. Defendant, a nonprofit organization, is responsible for the conservation of Carpenter Falls through a stewardship agreement with the State Department of Environmental Conservation. The Stewardship Agreement provides the scope of...Read More 0
Does the Nature of a Dog Bite always Demonstrate Knowledge of Vicious Propensities? (NY)
In Costanza v Scarlata, the Appellate Division, Second Department addressed whether the defendants were entitled to summary judgment on the issue of liability after defendant’s dog bit plaintiff on her face. The plaintiff alleged that defendants had a dog with vicious propensities, and as such, defendants moved for summary judgment on the basis that they didn’t have knowledge of any vicious...Read More 0
Beware: The Accountability of Dealing with Pets, Even if They Are Not Yours! (NY)
Traditionally, in New York, a pet owner is responsible for the known vicious propensities of their pets. But who is responsible when the pet in question does not belong to the owner at the time of the injury? This was addressed in the recent Court of Appeals decision in Hewitt v Palmer Veterinary Clinic, PC, N.Y.3d, 2020 WL 6163313 (2020). In this case, the plaintiff brought her cat into...Read More 0
by Colleen HayesNovember 25, 2020 Motion Practice, Of Interest, Pennsylvania, Premises Liability0 comments
EDPA Grants Partial Summary Judgment on Negligent Hiring and Vicarious Liability Claims
In Hena v. Target Corporation, 2020 WL 6321581 (E.D. Pa. Oct. 28, 2020), the Eastern District of Pennsylvania dismissed claims for negligent hiring and vicarious liability arising from a slip and fall accident. In brief, in August 2018, Beatrice Hena was shopping in a Target store in Philadelphia when she “slipped on a slippery and dangerous wet floor and fell, causing her to suffer serious...Read More 0
NY Civil Trial Practice Update: Admissibility of Uncertified Police Reports
The Appellate Division of the Supreme Court of New York, Second Department’s recent ruling in Yassin v. Blackman, 188 A.D.3d 62 (2d Dep’t 2020) abrogates prior case law, which had previously held a party’s admission in an uncertified police report was admissible. Following Yassin, an uncertified police accident report no longer constitutes admissible evidence, absent a proper foundation for...Read More 0
NJ Court Holds Statutory Insurance Minimums Supersede Stated Policy Coverage Limits
The matter of Rafanello v. Taylor-Esquivel arose out of a multi-vehicle accident involving a commercial dump truck operated by Jorge Taylor-Esquivel and under the control of his employer, NAB Trucking (the truck was leased). Esquivel, however, was not listed in the Covered Driver’s section of NAB’s liability policy. The trial court determined that NAB’s exposure was capped at $35,000 which, in...Read More 0
NJ Federal Court Rejects E&O Insured’s Claim for Spoofing Loss
In Authentic Title Services, Inc. v. Greenwich Insurance Company, et. al, the District Court of New Jersey held that coverage was barred under an E&O Policy for a loss resulting from a spoofing scam based on an exclusion for claims resulting from “misappropriation” of funds. The insured, Authentic Title Services, obtained a Title Professional Liability Errors and Omissions policy from...Read More 0
Pennsylvania Supreme Court Refuses to Implement Bright Line Rule on Defective Jury Awards
Last week, the Pennsylvania Supreme Court in Mader v. Duquesne Light Company, refused to implement a bright line rule with respect to mandating a trial court’s options when a jury returns an inconsistent, favorable plaintiff verdict with an inconsistent damages award. Instead, the Court indicated that trial courts largely have broad discretion in terms of requiring new trials for damages. As...Read More 0