Panic at the Mall: Security Guard Liability (NY)
Are mall security officers liable for injuries caused to patrons by mass panic such as a stampede, evacuations, or active shootings, pursuant to their duties to provide safety? A New York Appellate Court , in Grogan v Roosevelt Field Mall, was recently met with this issue when a mall patron became injured at Roosevelt Field Mall during a false panic. In 2013, security guards at a Macy’s...Read More
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Did the Skater Assume the Risk? (NY)
In Goulet v Pier 2 Roller Ring at Brooklyn Bridge Park, the Appellate Division, Second Department addressed whether the defendant was entitled to summary judgment dismissing the plaintiff’s complaint. Plaintiff alleged personal injuries when roller skating at a rink operated by defendant. At the time of the alleged fall, plaintiff was an experienced skater, and skating backwards when she...Read More
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Homeowner’s Exemption To Labor Law Liability Applies To Mixed Use Building (NY)
It would not be uncommon for any New Yorker on any given day to run into a bodega or small store for a random needed item. It would also not be uncommon for that bodega or small store to also house a family of people, usually the owner of the business itself. However, when operating a business in a space also used jointly for residential purposes, the waters become murky when it comes to...Read More
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Call Your Next Witness Podcast- Jessica Zimmerman
Today’s guest on the Call Your Next Witness podcast, Jessica Zimmerman, is a former prosecutor, civil defense attorney and third-party administrator. She now works directly for an insurance company. Her varying perspectives viewing the world of litigation, both as a litigator and risk manager, give Jessica unique insights toward how we evaluate and defend claims. Did Jessica...Read More
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Eighth Circuit Rules in Favor of Insurers In Connection With Covid Related Losses
On July 2, the Eighth Circuit became the first federal appellate court to weigh in on whether a business could recover business interruption losses for COVID-19 related claims. In Oral Surgeons, P.C. v. The Cincinnati Insurance Co., the court affirmed a federal district court decision from the Southern District of Iowa, which rejected a policyholder’s COVID-related business interruption claim....Read More
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Gravity Induced Accidents Only: Clarity on Labor Law §240(1) (NY)
Robert Shencavitz v. Yuji Sugimoto is an interesting personal injury action. Plaintiff – a sailboat rigging technician – sought recovery under New York Labor Law §240(1) (i.e., the Scaffold Law) for damages sustained when his head was struck on a sailboat’s radar equipment while ascending via pulley along the vessel’s mast. The issue on Defendant’s summary judgment motion was whether...Read More
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A New Side to COVID-19 Litigation (NJ)
Last week, in Open MRI v. Cigna Health and Life Insurance, a New Jersey judge dismissed a suit alleging Cigna was unjustly enriched as a result of its refusal to pay for a health care provider’s costs of administering COVID-19 tests. Open MRI is a medical practice with locations throughout New Jersey. During the pandemic, Open MRI administered COVID-19 tests, diagnosed COVID-19 when necessary,...Read More
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PA Appellate Court Clarifies Collateral Review Concerning In Camera Review of Disputed Discovery (PA)
On June 25, 2021, in Fisher v. Erie Ins. Exchange, the Superior Court clarified when a party had an immediately appealable right, pursuant to Pa.R.A.P. 313, concerning the forced production of discovery materials for which a party asserts a privilege that the court denies. Typically, for an order to be considered a collateral order and therefore immediately appealable under Pa.R.A.P. 313, it...Read More
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