Publications
NJ Court Rules Lack of Optional Driver-Assistance Tech Does Not Constitute Design Defect Under Products Liability Law
The New Jersey Appellate Division was presented with a question about what constitutes a defective product or design under the New Jersey Products Liability Act when more advanced technology exists on the market but is not in the subject product.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appeals Court Reverses Punitive Damages Award, Finds Late Trial Amendment to Add Recklessness Prejudiced Defense
This case concerned an elderly woman’s slip and fall on a shower floor while being assisted by staff in an elder care facility. The plaintiff filed suit for negligence only.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Hospital Owed Duty of Care Through Pre-Transfer Involvement, Pennsylvania Court Affirms
The Superior Court of Pennsylvania affirmed the judgment entered by the Court of Common Pleas of Philadelphia County, which found that CHOP had undertaken and provided health care services to a minor decedent and, therefore, owed him a duty of car
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Supreme Court: Mental Health Facilities May Be Liable for Gross Negligence in Denying Voluntary Admission
An individual with an extensive mental health history sought admission to two different mental health facilities for inpatient psychiatric care. However, both facilities denied his request. Shortly after, he killed his girlfriend.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court Reverses Nonsuit, Holds Trial Court Bound by Prior Ruling on Expert Qualification
In her suit, the pro se plaintiff alleged negligent placement of leg restraints during gall bladder surgery.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Supreme Court: City’s Refusal to Arbitrate Under Last-Chance Agreement Not an Unfair Labor Practice
An employee of the Department of Public Works was on a last-chance agreement when he committed another fault and was terminated.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court Affirms Labor Law § 240(1) Liability Despite Lack of Witnesses and Plaintiff’s Potential Comparative Negligence
The plaintiff was injured when he fell off a scaffold. However, there were no witnesses who saw him fall. Other workers heard a sound and then found the plaintiff on the ground next to the collapsed scaffold.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal Court Shields Lyft from Liability in Driver Altercation, Citing Independent Contractor Status
The United States District Court for the Northern District of Georgia granted summary judgment in favor of Lyft in a personal injury claim stemming from an altercation involving a Lyft driver.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court Reverses Dismissal, Holds Electronically Signed Praecipe Timely Filed Upon Receipt by Prothonotary
The Superior Court of Pennsylvania ruled that a praecipe for writ of summons was deemed to be timely filed as of the date it was initially received by the county prothonotary’s office and the prothonotary’s office did not have the authority to rej
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court Affirms New Trial in Zoo Injury Case Over Omitted Open and Obvious Jury Instruction
The Superior Court of Pennsylvania affirmed an order granting a new trial, as the jury was not instructed on the open and obvious doctrine and the verdict slip did not include a question on whether the at-issue condition was open and obvious.
Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.