Question of fact as to coverage for gross negligence when employee fails to stop a ride resulting in fatal injuries to coworker.

Tampa
Amusements, Sports & Recreation Liability
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.
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Second Amended Complaint dismissed on Rule 12 (b) (6) for failure to demonstrate breach of duty in “Jump Scare” injury.

Tampa
Amusements, Sports & Recreation Liability
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.
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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.

Pittsburgh
Architectural, Engineering & Construction Defect Litigation
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.
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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.

Fort Lauderdale
Employment Law
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.
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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.

Mount Laurel
Long-Term Care Liability
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.
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The Affidavit of Merit statute requires the affidavit to be served within 60 days of the licensed professional’s answer. However, that deadline is not draconian.

Mount Laurel
Miscellaneous Professional Liability
Architectural, Engineering & Construction Defect Litigation
The appellate division grappled with the meaning of the Affidavit of Merit (AOM) statute in light of a filing that 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.
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