| Marshall Dennehey

Federal District Court Held that Alcohol Consumption Evidence Was Highly Probative for Determining Plaintiff’s Life Expectancy and Damages and Was Admissible Evidence for that Limited Purpose

January 1, 2025

The plaintiff moved to preclude any introduction of his history of alcohol consumption as irrelevant and prejudicial. Case Law Alerts, 1st Quarter, Janu

Pennsylvania Court Holds Summary Judgment Not Proper When Invitee Presented Evidence, Including Surveillance Video Screenshots, that Possessor Created Dangerous Condition on Its Property

Pittsburgh

Premises & Retail Liability

January 1, 2025

During the COVID-19 pandemic, the defendant-casino placed a hand-sanitizer dispenser on the side of a slot machine, above a marble pathway and through the casino floor. Case Law Alerts, 1st Quarter, Janu

Negligent Elevator Misleveling not Established by Res Ipsa Loquitur; Plaintiff’s Reliance on Expert Report Enough to Preclude Entry of Summary Judgment

Pittsburgh

General Liability

January 1, 2025

The plaintiff sustained physical injuries while pulling a heavy cart of medical supplies out of an elevator when the elevator came to a stop but the floor of the elevator was misaligned with the building floor. Case Law Alerts, 1st Quarter, Janu

Despite Undisputed Facts that Dangerous Condition Was Known and Obvious, PA District Court Held Summary Judgment Not Warranted When There Were Genuine Issues of Material Fact

Pittsburgh

Premises & Retail Liability

January 1, 2025

The plaintiff and his wife brought an action against the defendant for personal injuries the plaintiff received when he slipped and fell on a ramp while unloading a forklift from a tractor-trailer. Case Law Alerts, 1st Quarter, Janu

New Jersey Appellate Division Holds Counsel’s Failure to Pursue Discovery in a Timely Manner Will Not Warrant Reopening Discovery

Roseland

Health Care Liability

January 1, 2025

The New Jersey Appellate Division found no exceptional circumstances to warrant reopening and extending discovery when the failure to timely complete discovery was attributable to a party’s counsel. Case Law Alerts, 1st Quarter, January 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

New Jersey Appellate Division Holds Good Cause Standard Applies, Even with Trial Scheduled, When Discovery End Date Has Not Passed

Roseland

Health Care Liability

January 1, 2025

The New Jersey Appellate Division held that the “good cause” standard of R. Case Law Alerts, 1st Quarter, Janu

New Jersey Appellate Division Holds No Duty to Third Persons at the Cost of Risk and Harm to Their Patients

Roseland

Long-Term Care Liability

January 1, 2025

The New Jersey Appellate Division has held, in the context of discharging patients from in-patient settings, physicians have a duty to their patients before third parties. Case Law Alerts, 1st Quarter, Janu

Pennsylvania Court Reiterates that Single Vehicle Policies Can Be Stacked and Stacking Can Provide Benefit to Insured

Harrisburg

Insurance Services – Coverage & Bad Faith Litigation

January 1, 2025

The Superior Court of Pennsylvania affirmed the grant of summary judgment in favor of Nationwide by the Philadelphia Court of Common Pleas in this purported class action litigation. Case Law Alerts, 1st Quarter, Janu

Work Product Doctrine Does Not Apply to Claims Materials, Even if Received After Demand Letter Threatening Litigation

Harrisburg

Insurance Services – Coverage & Bad Faith Litigation

January 1, 2025

Ms. Long made a claim for Underinsured Motorist benefits under a policy of auto insurance that the insurer had issued to her. Her lawyer sent a demand letter to the insurer, demanding UIM policy limits to avoid litigation. Case Law Alerts, 1st Quarter, Janu

Pennsylvania Court Reaffirms that Medical Malpractice Claims Require Clear Evidence of Direct Link Between Health Care Provider’s Actions and Harm Suffered

Philadelphia - Headquarters

Health Care Liability

January 1, 2025

The Pennsylvania Superior Court affirmed judgment in favor of the plaintiffs, finding they were able to make a causal connection between the health care provider’s actions and the harm suffered, stating the plaintiff adequately demonstrated medica Case Law Alerts, 1st Quarter, Janu

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