| Marshall Dennehey

Plaintiff’s and employees’ testimony of lack of inspections creates a genuine issue of material fact as to the defendant’s constructive notice of the spill.

July 1, 2020

The plaintiff slipped and fell on a transitory foreign substance inside the bathroom of a plasma donation center. Case Law Alerts, 3rd Quarter, July 202

Court denied Sussex County’s summary judgment motion despite plaintiff’s inability to identify the source or timing of the spill upon which she slipped.

Wilmington

Premises & Retail Liability

July 1, 2020

The plaintiff allegedly fell in the women’s restroom at the Sussex County Airport and Deli Days. Case Law Alerts, 3rd Quarter, July 202

Court grants summary judgment to defendant where the location of plaintiff’s fall was clearly defined in a lease agreement as a common area, outside of defendant’s leased premises.

Wilmington

Premises & Retail Liability

July 1, 2020

The plaintiff allegedly fell in the women’s restroom at the Sussex County Airport. Case Law Alerts, 3rd Quarter, July 202

SCOTUS concludes that a charter party’s safe-berth clause constituted an absolute safety warranty.

Mount Laurel

Maritime Litigation

July 1, 2020

The United States Supreme Court recently held that a safe-berth clause in a voyage charter party created an express warranty of a vessel’s safety, not simply a d Case Law Alerts, 3rd Quarter, July 202

Homeowner injured in common area of a community was to be treated as licensee, not invitee.

Philadelphia - Headquarters

General Liability

July 1, 2020

The plaintiff was injured after falling on branches on steps in a common area leading to her townhouse at a mixed townhome/single-family home community known as Indian King. Case Law Alerts, 3rd Quarter, July 202

Where snow and ice maintenance responsibility is fully delegated from commercial landlord to tenant under a lease, commercial landowner is shielded from slip-and-fall liability as a matter of law.

Roseland

General Liability

July 1, 2020

The plaintiff fell on black ice in a parking lot leased by private owners to the Borough of Caldwell. Case Law Alerts, 3rd Quarter, July 202

Expert materials disclosed must satisfy Rule 26(b)(4) requirements.

Wilmington

General Liability

July 1, 2020

In this personal injury matter, the defendant filed a motion in limine to exclude the plaintiff’s two treating doctors from testifying at trial. Case Law Alerts, 3rd Quarter, July 202

Commercial landowner may have duty to take reasonable steps to render public walkway reasonably free of snow and/or ice during ongoing storm, despite previously applied on-going storm rule.

Roseland

General Liability

July 1, 2020

The plaintiff appealed the trial court’s application of the on-going storm rule, which provided that a commercial property owner had no duty to Case Law Alerts, 3rd Quarter, July 202

Detailed pleadings of the fraud required to survive a motion to dismiss for lack of sufficient particularly.

Mount Laurel

Fraud/Special Investigation

July 1, 2020

The plaintiffs filed suit against the defendants seeking reimbursement of paid bills allegedly submitted through fraudulent no-fault insurance charges. Case Law Alerts, 3rd Quarter, July 202

Sponsorship does not equal control.

Tampa

Amusements, Sports & Recreation Liability

July 1, 2020

The plaintiff attempted to sue Reebok under a theory of premises liability and negligent selection of premises theories for an alleged dangerous condition that c Case Law Alerts, 3rd Quarter, July 202

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