Publications
Comparative Negligence Charge Must Be Given for Speeding Plaintiff
The Pennsylvania Superior Court recently ruled that a plaintiff’s speeding alone warranted a comparative negligence instruction, even without clear causation or expert testimony.
Case Law Alerts, 2nd Quarter, Apri
First Department Clarifies ‘Readily Available’ Safety Devices Under Labor Law § 240(1)
In January 2025, the Appellate Division, First Department, provided further clarity on Labor Law § 240(1) cases, particularly regarding the availability of safety devices on construction sites.
Case Law Alerts, 2nd Quarter, Apri
Expert Testimony Requirement in Negligence Claims: Pennsylvania Court Affirms Summary Judgment
The Superior Court of Pennsylvania reaffirmed the necessity of expert testimony in negligence cases involving complex medical causation.
Case Law Alerts, 2nd Quarter, Apri
Landowner Liability for Falling Trees: Pennsylvania Court Affirms Duty to Safeguard Public Highways
Landowners in urban areas have a legal responsibility to prevent foreseeable dangers posed by trees on their property.
Case Law Alerts, 2nd Quarter, Apri
Pennsylvania Court Affirms Dismissal of Roofer’s Injury Claim Over Ladder Accident
In a recent decision, the Superior Court of Pennsylvania upheld the dismissal of a roofer’s negligence lawsuit, ruling that the alleged danger posed by an improperly placed ladder was “open and obvious.” The plaintiff claimed he was injured when t
Case Law Alerts, 2nd Quarter, Apri
Court Grants Summary Judgment in Slip-and-Fall Case Under Hills and Ridges Doctrine
A trial court had ruled in favor of the defendants in a slip-and-fall lawsuit arising from an ongoing snowstorm, citing the hills and ridges doctrine.
Case Law Alerts, 2nd Quarter, Apri
Court Grants Summary Judgment in Mall Slip-and-Fall Case Over Trivial Tile Height Difference
A Pennsylvania trial court granted summary judgment in favor of the defendant in a slip-and-fall case at a mall.
Case Law Alerts, 2nd Quarter, Apri
No Duty Owed: Premises Liability and Pedestrian Use of Drive-Through Lanes
In a premises liability case, the plaintiff alleged she suffered injuries after slipping on an oil slick while walking to an ATM designed for drive-through use.
Case Law Alerts, 2nd Quarter, Apri
Appeals Court Overturns $1.3 Million Slip-and-Fall Verdict Due to Lack of Evidence
An appellate court has reversed a $1.3 million jury verdict in a slip-and-fall case, ruling that there was insufficient evidence to prove the defendant had constructive notice of a hazardous condition.
Case Law Alerts, 2nd Quarter, Apri
Court Affirms Dismissal of Product Liability Claim Over Absence of Driver-Assistance Features
This product liability action centered on a fatal auto accident; a head-on collision that the plaintiff claimed could have been prevented if the vehicle had been equipped with a “lane departure” warning or other driver-assistance feature.
Case Law Alerts, 2nd Quarter, Apri