Publications
Superior Court of Pennsylvania Held that Landowner Was Not Relieved of Its Duty of Care for Open and Obvious Dangers When It Should Have Expected a Business Invitee to Be Distracted
The plaintiff, a business invitee, broke her ankle while playing disc golf at the defendant’s disc golf course. While walking to retrieve her disc, the plaintiff fell when she slipped on a steep slope that contained loose gravel in the grass.
Case Law Alerts, 3rd Quarter, July
Pennsylvania Supreme Court Held that When Plaintiff Fails to Meet the Burden of Demonstrating Good Faith Effort in Diligently and Timely Serving Process, then Actual Notice of the Lawsuit Is Irrelevant
In deciding whether a complaint served after expiration of the applicable statute of limitations period was time-barred, the Supreme Court of Pennsylvania applied the reasoning from Gussom v. Teagle, 247 A.3d 1046 (Pa. 2021).
Case Law Alerts, 3rd Quarter, July
Pennsylvania Court Dismisses Several Defendants from Product Liability Action Where Plaintiff Pled “More Likely Than Not” the Seller and/or Distributor of the Allegedly Defective Product
The plaintiff alleged he suffered injuries to his scalp from the application of a defective mole removal cream.
Case Law Alerts, 3rd Quarter, July
Federal District Court in Florida Grants Summary Judgment for Insurer, Finding that Transportation Network Company’s Policy Did Not Provide UM and UIM Coverage for the Driver
The defendant insurance company brought a declaratory judgment action to determine whether the policy it wrote to a Transportation Network Company (TNC) provided UM and UIM coverage to a TNC driver.
Case Law Alerts, 3rd Quarter, July
Superior Court of Connecticut Granted Summary Judgment in Negligent Entrustment Action Where Plaintiff Sought to Sustain Their Entrustment Charge Via Constructive Notice
In this matter, a vehicle rented by defendant ELRAC, LLC to Mr. Edreice Harrell, but operated by an unknown driver, was involved in a motor vehicle accident with the plaintiff.
Case Law Alerts, 3rd Quarter, July
Southern District of Florida Punitively Enforces Discovery Schedule Against Insurance Company in an Uninsured Motorist Action
Though this case involves a fairly straightforward issue of a plaintiff pursuing uninsured motorist insurance benefits from her own insurer, it highlights numerous issues to be cognizant of in defense of what seem like simple claims and litigation
Case Law Alerts, 3rd Quarter, July
Supreme Court of New Jersey Holds that a Low-Speed Electric Scooter Does Not Qualify Its User as a “Pedestrian” for the Purposes of the No-Fault Law
Commercial trucking and transportation companies are often required to pay for medical and lost wage benefits pursuant to state no-fault laws, even when they are arguably not at fault for an incident due to specific definitions in state no-fault s
Case Law Alerts, 3rd Quarter, July
Second Circuit Held that Central New York Municipal Transit Services Changes in Signage Without Additional Structural Changes to Accommodate Passengers Utilizing Wheelchairs Did Not Violate Accessibility Provisions of ADA
In an interesting matter addressing the requirement of busing operations to comply with the American Disabilities Act (ADA), the plaintiff argued that the defendants failed to comply with the ADA on numerous grounds.
Case Law Alerts, 3rd Quarter, July
Federal Court Holds There Is No Jurisdiction Over Amazon Logistics for Contracting With an Ohio Trucking Company that Was Involved in a Serious Accident in the State of Texas
This case arises out of a serious motor vehicle accident occurring in Texas with an Ohio trucking company that contracted with Amazon Logistics, Inc. (with numerous other Amazon entities named in the action).
Case Law Alerts, 3rd Quarter, July
Federal District Court Dismissed Plaintiff’s Claims for Negligent Hiring, Training, Retention, Supervision, and Entrustment
Often in matters involving simple motor vehicle accidents, plaintiffs attempt to throw in claims relative to negligent hiring, training, retention, supervision, etc.
Case Law Alerts, 3rd Quarter, July