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Trooper’s testimony was erroneously admitted, even though it was based on hearsay and was speculative, as the trooper did not actually investigate the crash firsthand.
Florida • Automobile Liability • January 19, 2018
The plaintiff brought a negligence action against the driver of a tractor trailer who struck a van in which the plaintiff was a passenger. During the trial, a state trooper testified about his opinions regarding the positioning of the vehicles prior..., Case Law Alerts, 1st Quarter, January 2018 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...
Summary judgment granted in favor of defendant because plaintiff failed to produce any expert opinion evidence of causation of a fire in his home.
Delaware • General Liability • January 19, 2018
The plaintiff had Verizon equipment in his home. A fire broke out. He and his wife allegedly saw the fire coming directly from Verizon’s equipment. The fire marshal determined there was a malfunction with the Verizon box, which caused fire..., Case Law Alerts, 1st Quarter, January 2018 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...
The Appellate Division revisits Laidlow and the intentional wrong exception to the exclusive remedy provision of the New Jersey Workers’ Compensation Act.
New Jersey • Workers' Compensation • January 19, 2018
Finding that the plaintiff failed to demonstrate that his workplace accident met the intentional wrong standard to allow him to seek damages from his employer, the court granted summary judgment in favor of the defendant. The plaintiff appealed. In..., Case Law Alerts, 1st Quarter, January 2018 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...
Failure to plead affirmative defense of non-compliance with a condition precedent does not warrant summary judgment.
Florida • Automobile Liability • January 19, 2018
The trial court ruled that the plaintiff failed to satisfy a condition precedent to her suit against her insurance company. The plaintiff sued her insurance company for uninsured motorist benefits, alleging that all conditions precedent to..., Case Law Alerts, 1st Quarter, January 2018 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...
Evidence of the plaintiff’s conduct admitted as impeachment and causation evidence in strict product liability case.
Pennsylvania • Product Liability • January 19, 2018
The plaintiff and the decedent were passengers on a motorcycle that crashed when the rear tire experienced a blow-out. The plaintiff filed suit against the manufacturer of the tire, asserting claims of negligence and strict liability. At trial, the..., Case Law Alerts, 1st Quarter, January 2018 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...
Protz II prompts Commonwealth Court to reverse a Workers’ Compensation Judge’s decision to modify benefits based on an IRE performed in 2005 using the Fifth Edition of the AMA Guides.
Pennsylvania • Workers' Compensation • January 19, 2018
In her second appeal to the Commonwealth Court, the claimant argued that the Workers’ Compensation Judge erred in concluding that her benefits were modified based on an IRE performed using the Fifth Edition of the AMA Guides, which the..., Case Law Alerts, 1st Quarter, January 2018 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...
Walking across the gym floor is not an activity with inherent risk of injury assumed by a waiver.
New Jersey • Amusements, Sports and Recreation Liability • January 19, 2018
The appellate court reversed the dismissal based on waiver and application of Stelluti v. Casapenn Enterprises, L.L.C., 203 N.J. 286. The plaintiff tripped over a weight belt left on the floor by another gym member. The evidence showed the trainer..., Case Law Alerts, 1st Quarter, January 2018 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...
Ohio Appellate Court applies open & obvious doctrine to defeat grocery store patron’s premises liability action.
Ohio • Retail Liability • January 19, 2018
Ohio’s Eighth Appellate District applied Ohio’s open and obvious doctrine to defeat a claim involving a patron’s fall that took place in the parking lot of a Heinen’s grocery store. Robert Brosnan was walking toward the..., Case Law Alerts, 1st Quarter, January 2018 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...
An employer that establishes that a claimant’s loss of earnings is not related to the work injury, but is related to other factors, is not required to prove job availability within the claimant’s medical restrictions.
Pennsylvania • Workers' Compensation • January 19, 2018
The Workers’ Compensation Judge granted the employer’s suspension petition, mainly because the claimant refused to work because he was reprimanded for not calling in before job, which he was required to do. According to this witness, the..., Case Law Alerts, 1st Quarter, January 2018 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...
Specificity in depositions matters; summary judgment overturned on a question of fact as to where and when instructed to wear protective gear.
New Jersey • Amusements, Sports and Recreation Liability • January 19, 2018
The plaintiff was injured by a baseball while “warming up” a pitcher off the field just before a game. The defendant coach was granted summary judgment at the trial court level. The plaintiff had alleged negligence and gross negligence..., Case Law Alerts, 1st Quarter, January 2018 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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