Publications
Pennsylvania Supreme Court Holds That an Insurer Defending Under a Reservation of Rights Must Reimburse an Insured for an Unconsented-To Settlement So Long as the Settled Claim Is Covered and the Settlement Is Fair and Reasonable
By R. Bruce Morrison and John J. Hare
This newsletter is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
Legal Update for Securities
by Samuel E. Cohen
The material in this law alert has been prepared for our readers by Marshall Dennehey Warner Coleman & Goggin.
First impression analysis of a minor’s liability for injury caused by game rule violation. Discussion of intent as applicable to minors.
When one child was injured by another child by being struck on the forearm during a recreational lacrosse game, the court adopted a “double-layered” analysis that combined the principles relating to adult sporting activities (knowledge
Case Law Alerts, 3rd Quarter, July 2015
No liability for city when plaintiff fell in a hole hidden by grass in a closed park
The court found that no reasonable jury could conclude that the City’s actions were “palpably unreasonable” in protecting against the condition that caused the plaintiff’s injury.
Case Law Alerts, 3rd Quarter, July 2015
Forum selection on a ski lift ticket is upheld
The plaintiff, a Connecticut resident, filed an action against Killington, a Vermont corporation, and Ostlund, a New Jersey resident.
Case Law Alerts, 3rd Quarter, July 2015
Proof of an available and fully operational seat belt is not a prerequisite to asserting a seat belt defense under Florida law
In this wrongful death action, the plaintiff moved for a directed verdict as to the defendant’s seat belt defense, arguing the undisputed evidence established that the seat belt was inoperable at the time of the accident.
Case Law Alerts, 3rd Quarter, July 2015
Admission of evidence concerning liability is reversible error when liability is uncontested and there is a reasonable possibility the evidence contributed to the jury’s verdict
On rehearing, the Fourth District reversed the plaintiff’s $1,002,238.17 jury award, which arose from “a minor rear-end auto accident,” and remanded the case for new trial.
Case Law Alerts, 3rd Quarter, July 2015
Tincher is applicable to product liability claims based upon a failure to warn
The plaintiff brought this product liability action against the supplier/manufacturer of a product that contained asbestos, alleging, inter alia, that he developed mesothelioma as a result of the defendant’s failure to warn
Case Law Alerts, 3rd Quarter, July 2015
Plaintiff in trip and fall action required to answer questions and produce information regarding existence of referral relationship between her attorneys and her treating providers, as the information is not protected by the attorney-client privilege
A trip-and-fall plaintiff petitioned the court for a writ of certiorari regarding the trial court’s order that required her to produce information regarding the referral relationships between her treating physicians and her attorney
Case Law Alerts, 3rd Quarter, July 2015
Consider leaving informed consent claims in your case to bolster your defense
The Pennsylvania Supreme Court ruled that, generally, a patient’s informed consent to the risks of treatment is irrelevant in a case sounding in only medical negligence.
Case Law Alerts, 3rd Quarter, July 2015