| Marshall Dennehey

The burden shifts to defendants to present evidence of diminution in property value to challenge cost-of-repair damages in construction defect case.

Architectural, Engineering & Construction Defect Litigation

April 1, 2021

The Pennsylvania Superior Court affirmed a trial court’s decision to award cost-of-repair damages to a homeowner that amounted to almost half of the market val 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.

Orlando

Health Care Liability

April 1, 2021

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

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.

Pittsburgh

Premises & Retail Liability

April 1, 2021

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

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.

Philadelphia - Headquarters

Product Liability

April 1, 2021

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

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.

Pittsburgh

Premises & Retail Liability

April 1, 2021

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

An indemnification provision in a release is valid and enforceable against the spouse who actually signed the release.

Pittsburgh

Premises & Retail Liability

April 1, 2021

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

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.

Pittsburgh

Premises & Retail Liability

April 1, 2021

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

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.

Roseland

Premises & Retail Liability

Long-Term Care Liability

April 1, 2021

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

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.

Roseland

Premises & Retail Liability

April 1, 2021

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

In New Jersey, the Ongoing Storm Doctrine remains a fact-specific analysis rather than the former bright-line rule.

Roseland

Premises & Retail Liability

April 1, 2021

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

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