| Marshall Dennehey

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.

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

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.

Pittsburgh

Premises & Retail Liability

April 1, 2021

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

U.S. Court of Appeals for the Fifth Circuit upheld a Sieracki unseaworthiness finding.

Mount Laurel

Maritime Litigation

April 1, 2021

In Rivera v. Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

Courts clarify disclosure of prior medical records.

New York

General Liability

April 1, 2021

The Second Department held that the defendants were entitled to five years of the plaintiff’s medical records where “broad allegations of injuries, exacerbatio Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

Specific language in a sales contract does not waive material misrepresentations in the procurement of a sale.

Mount Laurel

Fraud/Special Investigation

April 1, 2021

The defendant appealed a judgment in which it was determined they violated the Consumer Fraud Act (CFA), N.J.S.A. Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

A general contractor does not owe a duty of care to protect against harm to subcontractor’s employee where general contractor does not retain any control over the manner and means of the work.

Roseland

Construction Injury Litigation

April 1, 2021

In accordance with the well-established case of Tarabokia v. Structure Tone, 429 N.J. Super. Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

Defamation claim found not to be part of arbitration agreement in youth soccer.

Tampa

Amusements, Sports & Recreation Liability

April 1, 2021

A minor participating in sports brought three claims when she was dismissed from the team. Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

Florida court upholds summary judgment for high school based on a pre-game release to play soccer.

Tampa

Amusements, Sports & Recreation Liability

April 1, 2021

An executed pre-game release barred a claim of negligence. Case Law Alerts, 2nd Quarter, April 2021 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of int

Efforts to avoid arbitration for a minor’s injuries did not succeed even though the minor signed his own waiver.

Tampa

Amusements, Sports & Recreation Liability

April 1, 2021

After the parents filed suit, the defendant filed a motion to compel arbitration. 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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