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E.g., Oct, 2019
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New York Product Liability October 1, 2019
The plaintiff, a limousine driver, was driving a J4500 model Motor Coach bus. In order to refill the fuel tank, she pulled up to a diesel fuel dispenser at a Kwik Fill gas station. She put the nozzle of the pump into the fuel tank, engaged the hold-..., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Pennsylvania Public Entity and Civil Rights Litigation October 1, 2019
Eastern District of Pennsylvania Judge Schmehl found that an involuntary commitment for observation pursuant to Section 302 of the Pennsylvania Mental Health Procedures Act (50 P.S. § 7302) is not an adjudication or commitment under 18 U.S.C...., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey Retail Liability October 1, 2019
In this personal injury action, the plaintiff slipped and fell on a puddle of water without any notable marks or debris in a Target store. After her fall, she continued to shop in the store and checked out with purchases. The plaintiff’s..., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Delaware Workers' Compensation October 1, 2019
The Board stated that the claimant failed to meet her burden of proving she had standing to bring the motion against the employer for a medical expert fee in excess of the amount permitted under the Practice Guidelines, which specifies that..., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Pennsylvania Retail Liability October 1, 2019
The Pennsylvania Superior Court upheld summary judgment in this slip and fall case because the record contained no evidence to indicate the period of time the spill existed on the floor. The court addressed the plaintiff’s argument that the..., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Delaware Workers' Compensation October 1, 2019
The Superior Court reasoned that the Board had several alternative expert theories on causation but did not rely upon any of them. Instead, the Board side-stepped the question by finding in the broadest terms possible that the work injury caused the..., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey Health Care Liability October 1, 2019
The plaintiff underwent surgery at the hospital to treat her scoliosis and back pain. After waking, she experienced increased pain in her leg and decreased movement and sensation. Upon recommendation from the defendant surgeon, the plaintiff..., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
Florida Workers' Compensation October 1, 2019
Temporary partial disability benefits are payable to an injured employee if he has not reached overall maximum medical improvement and the medical condition creates restrictions on his ability to work. Here, the employer did not dispute the Judge of..., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey Amusements, Sports and Recreation Liability October 1, 2019
The plaintiffs appealed dismissal of their claim for hearing loss after operating a paint ball gun at an amusement stand shooting gallery. Despite their arguments of res ipsa loquitur, the Superior Court upheld the decision that the plaintiffs..., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...
New Jersey Health Care Liability October 1, 2019
On behalf of themselves and their minor son, the plaintiffs appealed the trial court’s dismissal of their medical malpractice action against several registered nurses and the hospital that employed them. The minor son injured his ankle on a..., Case Law Alerts, 4th Quarter, October 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal...

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