Publications
The Superior Court of Pennsylvania weighs whether evidence of industry standards in a design defect case is permissible post-Tincher.
A carpenter fell through a scaffold while performing carpentry work at a Bucks County elementary school and sustain
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
New Jersey Appellate Division provides a blueprint for proving a claim and obtaining attorney fees under the N.J. Nursing Home Responsibilities and Residents’ Rights Act.
The plaintiff resident alleged the defendant nursing home was negligent and violated her rights for negligently mon
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
An employer’s workers’ compensation benefits and light-duty accommodation do not obviate its duty under the FMLA to provide notice of an employee’s right to take FMLA leave.
Returning from a few days off due to a work-related injury, the employee was required by her employer to undergo an
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Supreme Court holds that an unperfected lien may be stricken at any time and Section 505 of the Mechanics’ Lien Law places no time limit on challenges raised in subsequent proceedings.
The Supreme Court of Pennsylvania decided, and thereby reversed a Superior Court decision, that a homeowner’s objec
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Second Amended Complaint dismissed on Rule 12 (b) (6) for failure to demonstrate breach of duty in “Jump Scare” injury.
An amusement park patron claimed that an unidentified employee, dressed as a clown, frightened her when she was in attendance at the park during a Hall-o-Scream event, causing her to f
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
An operator’s duty to stop a ride when a patron is contributorily negligent in engaging in “horseplay.”
When a child unlatched a restraining chain from a swing ride and was thrown from a ride, under the state’s version
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Question of fact as to coverage for gross negligence when employee fails to stop a ride resulting in fatal injuries to coworker.
Factual issues, such as the notice and delay and/or the operator’s abandonment of his post to stop a conveyor belt, were found to be enough to reverse summary judgment on the issue of
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Court refuses to admit deposition errata on cause of accident.
The First Department refused to consider a deposition errata sheet that changed the cause of the plaintiff’s slip-a
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
A complaint cannot consist of conclusory allegations devoid of factual support.
The plaintiffs sought to have the Insurance Fraud Prevention Act (IFPA) repealed and declared unconstitutional.
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.
Appellate Division finds that the plaintiff met the extraordinary circumstances exception to the 90-day requirement to serve a tort claims notice.
The Appellate Division of New Jersey reversed a denial of the plaintiff’s motion to file a late tort claims notice
Case Law Alerts, 3rd Quarter, July 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers.