The Sufficiency of a Store’s Inspection and Maintenance Policies Are Only Relevant After Establishment of Notice of the Hazardous Condition.

Pittsburgh
Premises & Retail Liability
The plaintiff, a customer at the defendant’s store, slipped and fell on a puddle located on the floor of the store’s restroom. The defendant filed a motion for summary judgment, arguing it did not have sufficient notice of the water on the floor. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Court Denies Transfer of Venue, Finding the Claimed Inconvenience in Pre-trial Discovery Is Alleviated by Advanced Communications Technology and Can Be Handled Remotely by Technology Such as Zoom.

Harrisburg
Automobile Liability
In support of their forum non conveniens transfer request, the defendants submitted affidavits from the driver of the tractor-trailer and the employer’s transportation superintendent stating that the litigation and trial of the case in La Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Appellate Court Affirms Trial Court’s Grant of Summary Judgment to Defendant, Finding that Plaintiff Failed to Vault the Verbal Threshold to Recover Damages under New Jersey’s Automobile Insurance Cost Recovery Reduction Act.

Harrisburg
Automobile Liability
This case arose from a motor vehicle accident in which the plaintiff had a green light when her car was struck by the defendant’s car. The plaintiff sustained numerous physical injuries. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Court Reversed Summary Judgment on Defendant’s Liability, Finding the Passenger of a Leading Vehicle Failed to Establish Entitlement to Judgment as a Matter of Law on the Trailing Driver’s Negligence.

Harrisburg
Automobile Liability
The plaintiff was a passenger in a vehicle which collided with a vehicle operated by the defendant, who had accelerated at a high speed and crossed the double yellow line to pass the leading vehicle on the left while it was turning left. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Summary Judgment for Defendants Reversed on the Basis that Defendants Failed to Make a Prima Facie Showing that They Did Not Breach a Duty Owed to Plaintiff.

Harrisburg
Automobile Liability
The plaintiff alleged she sustained injuries while attempting to board a vehicle. She claimed that, as she stepped off the curb into the street, she tripped on a bulge in the street between the curb and the vehicle. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Policyholders May Recoup Attorney’s Fees if Their Insurer Fails in Contesting Duty to Indemnify.

New York
General Liability
The trial court issued a first-of-its-kind ruling, holding that an insurer defending a policyholder in litigation must also reimburse the insured party’s coverage action costs if the insurer loses a legal challenge to its indemnity obligation.  Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Appellate Court Affirmed Trial Court’s Decision to Grant Summary Judgment to Defendants as to Plaintiff’s Theories of Liability Under New Jersey’s Title 59 and Private Negligence.

Roseland
Amusements, Sports & Recreation Liability
The plaintiff was “going for a double” in a men’s softball game when he fractured his ankle as he attempted to slide to second base and his cleated foot caught in a six-foot ripped seam and divot in the artificial turf. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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The defense successfully proves flaw in claimant’s expert testimony

Workers' Compensation

We successfully defended a Claim Petition on behalf of a national trucking company where the claimant alleged a disabling aggravation of a pre-existing cervical condition from a fall at work. Our thorough review of the medical records and the presentation of the evidence convinced the judge that the claimant did not meet his burden of proof on causation.

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