Publications
New Jersey Appellate Division Overturned Decision Granting a Township Summary Judgment on an Issue of Potholes and Failure to Repair a Roadway.
A bicyclist was injured when he swerved to avoid a vehicle and fell after striking multiple potholes in the roadway.
Case Law Alerts, 4th Quarter, Octo
Second Circuit Held Defendant Not Entitled to Summary Judgment on Vicarious Liability Claims When It Hired Taxi Company to Transport Defendant’s Employee and Taxi Driver Drove Intoxicated, Causing an Accident.
Metro-North Commuter Railroad hired a taxi driver through Hudson Valley Transportation to transport the plaintiff. The taxi driver was speeding and driving erratically before crashing into a ditch.
Case Law Alerts, 4th Quarter, Octo
Court of Appeals Affirmed Decision Ordering New Trial, Citing Decision Against the Weight of the Evidence, After Jury Found Against Plaintiff.
In a fact pattern that is highly typical, this matter presented as a clear defense liability for failing to stop at a red light and significantly exaggerated injury claims by a plaintiff.
Case Law Alerts, 4th Quarter, Octo
Federal District Court Rejected Newly-Named Defendant’s Motion to Dismiss Based on Statute of Limitations After Discovery Revealed Case of Mistaken Vehicle Identity.
This decision may very well go down for its reference to “two identical metallic mint green 1964 Buick Skylark convertibles.” The plaintiff originally sued ACAM Transport, but discovery later revealed that the red tractor-trailer that struck the p
Case Law Alerts, 4th Quarter, Octo
NJ Supreme Court Holds, Affiant of Merit Need Not Review Medical Records of Injured Party and Need Not Specifically Identify an Agent for Whom Named Defendant Is to Be Held Vicariously Liable.
The plaintiff filed a medical malpractice action against multiple defendants and filed an Affidavit of Merit (AOM) prepared by Dr. J. Fallon. Dr.
Case Law Alerts, 4th Quarter, Octo
PA Superior Court Reaffirms Need for Expert Testimony in Support of Claim for Corporate Negligence and Provides Further Clarity as to ‘Obvious Negligence.’
The Superior Court of Pennsylvania found that expert testimony was still required in a matter involving an alleged defective toilet provided to a patient post surgery that broke and resulted in a fall and injuries to the patient.
Case Law Alerts, 4th Quarter, Octo
PA Superior Court Reverses Grant of Summary Judgment Based on Gross Negligence Where Expert Opinions Are Sufficiently Supported by the Record.
The Superior Court of Pennsylvania found that a grant of summary judgment in favor of the defendant-hospital was improper where the medical records, in the light most favorable to the plaintiff, created genuine issues of material fact regarding wh
Case Law Alerts, 4th Quarter, Octo
Supreme Court to Decide Pair of Mental Health Procedures Act Cases, Outlining the Contours of Claims Against Treatment Providers.
“One of the purposes of the Mental Health Procedures Act is to provide limited protection from civil and criminal liability to mental health personnel and their employers in rendering treatment in this unscientific and inexact field.” Farago v
Case Law Alerts, 4th Quarter, Octo
A Default Judgment Is Not Always the End.
Far too often in our line of business, we are informed of litigation after a default has already been entered against our client or insured. Ideally, and in most cases, we are able to negotiate for the default to be set aside or vacated.
Case Law Alerts, 4th Quarter, Octo
Florida’s Third District Court of Appeal Affirms Dismissal with Prejudice for Failure to Exhaust Administrative Remedies in Sexual Harassment Case.
The trial court dismissed an employee’s sexual harassment lawsuit against her employer for failure to exhaust her administrative remedies.
Case Law Alerts, 4th Quarter, Octo