Publications
Allegheny County jury verdict of $1.7 million compensatory for hole in fence over dugout.
The plaintiff’s parents were awarded a jury verdict in their favor against the defendants for the permanent brain damage to their son who was struck in the head by a foul ball.
Case Law Alerts, 3rd Quarter, July 2019
Lower court must resolve question as to recklessness or negligence in baseball player injury.
The New Jersey Appellate court reversed dismissal based on a procedural error, requiring the lower court to find if instructing a high school baseball player to slide, which resulted in an ankle injury, was reckless under the circumstances or barr
Case Law Alerts, 3rd Quarter, July 2019
Florida statute defines liability in the context specific to motorsport spectators.
The Court of Appeal reversed summary judgment on appeal when it found that the lower court incorrectly determined that the release signed by a woman killed in a restricted area of speedway barred suit.
Case Law Alerts, 3rd Quarter, July 2019
Plaintiffs are precluded from admitting evidence of medical expenses that exceed their PIP limits but fall below the standard PIP election of $250,000.
The plaintiff was injured in a car accident and held personal injury protection in the amount of $15,000. The standard amount in New Jersey is $250,000.
Case Law Alerts, 3rd Quarter, July 2019
One party cannot sue another’s UM/UIM carrier for indemnification and/or contribution if the suing party is neither the insured nor an intended third-party beneficiary.
Mr. Schmelz claimed he stopped his vehicle because of a couch in the middle of the road and was then rear-ended by Martone.
Case Law Alerts, 3rd Quarter, July 2019
Holding a corporate officer personally liable for a tort committed by the corporation.
The court in part dealt with the defendant’s motion for summary judgement as to a corporate officer’s liability for insurance fraud.
Case Law Alerts, 3rd Quarter, July 2019
The Ongoing Storm Doctrine bars defendants’ liability for injuries sustained during ongoing rain storms.
The plaintiff slipped and fell on a sidewalk owned by the defendant-landlord.
Case Law Alerts, 3rd Quarter, July 2019
The Ongoing Storm Doctrine bars liability again defendant-employer despite plaintiff-employee’s alleged slip and fall during an ongoing storm.
The plaintiff slipped and fell on ice on the sidewalk as she exited her place of employment and subsequently commenced a personal injury suit.
Case Law Alerts, 3rd Quarter, July 2019
Pennsylvania Supreme Court holds that a school can be held liable for injuries resulting from a child injured in gym class while at school, an exception to the governmental immunity given to schools.
Nine-year-old J.B., a minor, was injured during gym class at the Walter G. Smith Elementary School while engaged in a relay race whose boundaries were concrete walls at either end of the school’s gym.
Case Law Alerts, 3rd Quarter, July 2019
Florida Supreme Court adopts Daubert standard, recedes from Frye standard.
The Florida Supreme Court has adopted the Daubert standard for determining the admissibility of expert testimony.
Case Law Alerts, 3rd Quarter, July 2019