Publications
ADA questions addressed and case dismissed even though amusement ride was not accessible but followed manufacturer’s operating instructions.
Two plaintiffs sued Universal Studios when they were denied access to a roller coaster because of their amputations.
Case Law Alerts, 4th Quarter, October 2014
Case dismissed against county playground as the net opinion of the plaintiff’s expert was insufficient.
Summary judgment was granted to the County of Bergen from a claim of injury due to a fall from a slide.
Case Law Alerts, 4th Quarter, October 2014
Close friendship is not enough to establish a duty of care in drowning at a camp.
A campground was sued for a drowning death and filed a third-party complaint against the friend who was swimming with the decedent at the time of the drowning. The third-party complaint was dismissed.
Case Law Alerts, 4th Quarter, October 2014
Treating physician’s testimony that he would not have changed his course of treatment had defendant physician met the standard of care is inadmissible at trial and will not insulate defendant from liability for negligence.
The plaintiff developed back and leg pain, as well as numbness and weakness in his hands and fingers. His treating neurologist performed an MRI of the lumbar spine, but not the cervical spine.
Case Law Alerts, 4th Quarter, October 2014
Exercise caution and attention to detail when presenting agreements to nursing home residents and patients.
In this nursing home malpractice case, the defendant facility successfully obtained a grant of summary judgment dismissing the case from the New Jersey Superior Court and compelling arbitration pursuant to a pre-dispute arbitration agreement execu
Case Law Alerts, 4th Quarter, October 2014
Help may be on the way in Pennsylvania for providers of emergency health care
Pennsylvania may take a huge step forward in remedying its reputation as a hostile environment for medical providers in the form of legislation introduced by Representative Bryan Cutler (R) of 100th Legislative District of Pennsylvania.
Case Law Alerts, 4th Quarter, October 2014
Jury instruction on the duty to use the special degree of skill and care possessed by a defendant is inapplicable to a product liability case.
The plaintiff was injured by a Volvo—with a 1987 manual transmission—when it lurched forward as it was started while in-gear.
Case Law Alerts, 4th Quarter, October 2014
Arbitration provision in a contract cannot be set aside on the basis of procedural unconscionability alone. It must be further unconscionable in its substantive terms.
The plaintiff was the successful bidder for real property at an auction conducted by the defendant. When the gavel dropped, the plaintiff signed a purchase order containing a broad arbitration clause.
Case Law Alerts, 4th Quarter, October 2014
A physician cannot insulate himself from liability for negligence by relying on a subsequent treating physician’s testimony that adequate care by the defendant physician would not have altered the subsequent care.
The Florida Supreme Court resolved a split among the District Courts of Appeal on an issue of causation in medical malpractice cases. The plaintiff was treated by a series of physicians.
Case Law Alerts, 4th Quarter, October 2014
Implied warranty of habitability owed by a home builder to a residential purchaser of a new home does not extend to the subsequent purchaser of the home.
Residential purchasers of a three-year-old home brought a claim against the builder of the home for breach of the implied warranty of habitability upon discovering water infiltration and latent construction defects.
Case Law Alerts, 4th Quarter, October 2014