Publications
The Recreational Use of Land and Water Act does not provide immunity from negligence to a licensee of a landowner when the licensee lacks possessory rights to the land and the public is charged for use of the land.
The plaintiff, a snowmobile operator, was injured
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
In New Jersey, the Ongoing Storm Doctrine remains a fact-specific analysis rather than the former bright-line rule.
The plaintiff brought claims for personal injuries after he slipped and fell on an ice/snow-covered walkway adjacent to the defendants’ donut store.
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Appellate Division affirms trial court’s decision that the mode-of-operation rule did not apply in the area of the grocery store where injury occurred.
The plaintiff slipped and fell on liquid on the floor of the grocery store near the check-out area.
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Net-Opinion Rule barred opinion of nurse expert as to the standard of care for protection of patients in assisted-living facility where the expert had no experience in that environment.
The plaintiff, an 81-year old resident of an assi
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
The Supreme Court of Pennsylvania rules that liability expert’s reports produced by a non-moving party in response to a motion for summary judgment must be considered in a light most favorable to the non-moving party.
The plaintiff was injured when the snow tube he w
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
An indemnification provision in a release is valid and enforceable against the spouse who actually signed the release.
The plaintiff-wife sustained injuries while ridin
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Court held a defendant-contractor owed duty of care to plaintiff, a third party, based on Restatement (Second) of Torts §§ 324A and 383, and this duty extends to reasonably foreseeable risks arising from the performance of contractual obligations.
The plaintiff, as he walked to his delivery truck
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
Court affirms trial court’s granting of partial summary judgment and directed verdict as plaintiffs did not present expert testimony of the alleged defect and causation of the alleged injuries.
The plaintiffs’ were driving their 2008 Mercedes
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
As a matter of first impression, a licensed retail store owns a terminal-printed lottery ticket as soon as it was printed, regardless of whether it was mistakenly printed and remained unsold to any customer.
The plaintiff-store was a retailer licensed to se
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int
An agreement between a university and a teaching hospital that incorporated the 2011 Florida sovereign immunity statute was granted sovereign immunity even though its medical doctor employee provided care to his private patient.
The University of Miami d/b/a Miller School of Me
Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int