In a case involving an automobile collision, the Supreme Court of New York, Appellate Division affirmed a decision in favor of the claimants, holding that the other driver’s negligence was not a superseding cause, thus precluding the State of New Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

On appeal, the Superior Court of Pennsylvania reversed and remanded a trial court’s verdict that failed to award damages to the plaintiff for pain and suffering and to the plaintiff’s wife for loss of consortium.  Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

On appeal, the Superior Court of Pennsylvania vacated and remanded a trial court’s transfer of venue order, holding that the trial court had erroneously granted the order because it had failed to first order venue-related discovery where evidence Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

On appeal, the Superior Court of Pennsylvania affirmed a trial court’s granting of a new trial after recognizing it erred in failing to instruct the jury as to the open and obvious doctrine. Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

On appeal, the Superior Court of Pennsylvania reversed an order granting a new trial and remanded the case for entry of judgment in favor of the appellant because the appellee had waived his pre-trial motion to exclude to expert testimony.  Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

On appeal, the Supreme Court of Pennsylvania reversed and remanded the Superior Court’s motion to dismiss order in a premises liability negligence case on the basis that the appellee’s brother, as a tenant-in-common, did not exercise possession or Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

This case involved a vehicle owned by the co-defendant that allegedly rear-ended the plaintiff’s vehicle. The plaintiff brought action against the co-defendant for one count of negligent entrustment.  Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

In support of their motion for summary judgment, the defendant argued that the photographic evidence offered by the plaintiff, to show the height variation between floor tile heights in the area where she fell, was too trivial of a height differen Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

The plaintiff brought a premises liability action against the defendant, alleging he was injured when garbage can lids fell from a store shelf. After his attorney withdrew, the plaintiff proceeded pro se. Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

On May 15, 2025, the Ohio 8th District Court of Appeals held that when a judge takes over a case for another judge, the successor judge cannot rely on a hearing transcript in their ruling when the credibility of witnesses is at issue.  Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.