Publications
While a Waiver Was Not Unconscionable or Against Public Policy, It Did Not Include Language that Decedent Unambiguously Waived Claims for Injuries from Defendant’s Negligence
This action involved a bike race where the decedent was struck by a vehicle as the race participants were closely congested on a narrow roadway.
Case Law Alerts, 1st Quarter, Janu
Appeals Court Determines Truck Driver Glancing at His Phone But Not Reading or Responding to Messages Was Insufficient Action to Support Punitive Damages
This matter involved a collision at an intersection between a truck and a golf cart where both parties disputed who had the green light and who was at fault for the collision.
Case Law Alerts, 1st Quarter, Janu
Federal District Court Denied Summary Judgment Where Plaintiff Alleged Injury Due to Falling When a Bus Braked to Avoid Another Vehicle
In this matter, the plaintiff alleged he was a passenger on the defendant’s bus and was injured when he fell due to the bus stopping short to avoid a collision with another vehicle.
Case Law Alerts, 1st Quarter, Janu
New York Appellate Division Overturns Summary Judgment Against Defendant in Collision But Affirms Dismissal of Affirmative Defenses of Comparative Negligence Against Plaintiff
In a matter illustrating the importance of having a defendant/driver’s affidavit that properly articulates an absolute defense to liability in opposing summary judgment, the defendant trucking company and its driver appealed summary judgment, whic
Case Law Alerts, 1st Quarter, Janu
Ohio Court of Appeals Confirms Sovereign Immunity Does Not Apply to Municipal Transit Entity as to Operation of Motor Vehicle But Does Insulate Municipality from Suit as to Negligent Hiring, Training, Retention and Supervision
This matter presents the issue of sovereign immunity for a standard motor vehicle accident.
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Court Issued Discovery Sanction Against Defendants for Late Production of Evidence, Opening Door to Questioning Regarding the Company’s Driver Oversight Process at Trial
This matter involved a motor vehicle accident between the plaintiff and a laundry truck driver, and it illustrates the danger of errors during discovery.
Case Law Alerts, 1st Quarter, Janu
Panel Dismisses Claimant’s Claims Without Prejudice in Their Entirety Pursuant to Rule 12504 of the Code for Lack of FINRA Jurisdiction
The claimant’s claim related to the alleged unsuitability of her investment in CFSI stock. However, the panel unanimously granted the respondents’, Moody Capital and Rosenstein, motion to dismiss pursuant to FINRA Rule 12504.
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Court Strikes Plaintiff’s Strict Product Liability Claim for Failing to Obtain Defendant’s Consent or Leave of Court Prior to Filing Amended Complaint
The plaintiff alleged that a Lyft driver sexually assaulted her during a rideshare purchased on Lyft’s app.
Case Law Alerts, 1st Quarter, Janu
Philadelphia Jury Issued $5,071,974 Award to Plaintiff for Economic Damages and $1 Million for Noneconomic Damages.
The plaintiff claimed he was helping to unload a box truck at the facility where he worked when one of the pallets fell on him, crushing his lower body.
Case Law Alerts, 4th Quarter, Octo
NJ Supreme Court Affirms Appellate Court that Conditions Placed on Defense Medical Examination Are Determined on Cast-by-Case Basis by Trial Court.
In this New Jersey Supreme Court case, the court affirms the Appellate Division’s holding that the conditions to place, if any, on a defense medical examination are to be determined on a case-by-case basis by the trial courts.
Case Law Alerts, 4th Quarter, Octo