Publications
Pa. Superior Court Reverses Summary Judgment, Finding Fact Issues on Store’s Duty to Anticipate Off-Premises Assault
The plaintiff was beaten and robbed a block away from the defendant’s store. Prior to the incident, the plaintiff and the assailant were both in the store.
Commonwealth Court Vacates Verdict, Holding Comparative Negligence Instruction Improper in Dog Attack Case
When the plaintiff, a volunteer at the dog shelter, arrived at the shelter, a dog on a leash jumped up. The plaintiff moved away and told an employee of the shelter to take the dog away.
Third Circuit Court of Appeals Holds a Product Liability Plaintiff Does Not Need an Expert to Survive Summary Judgment in Certain Cases
Product liability suits often involve complex machinery or detailed questions of product design and engineering. Thus, when defendants seek to preclude a plaintiff’s experts from testifying, they often try to kill two birds with one stone.
Queens Court Declines to Dismiss Subrogation Action, Finding Issues of Control Over Uber Driver
The Civil Court in Queens County, NY denied Uber’s motion to dismiss a subrogation action stemming from a motor vehicle accident.
Duty Owed to Substance Abuse and Suicidal Patients: New Court Ruling Lays Out a Duty Providers Have to a Patient Prior to Discharge Related to Treatments After Discharge
The Third District Court of Appeal reversed an order granting summary judgment in favor of an addiction treatment facility, holding the facility did not have a duty to prevent the decedent’s suicide after discharge, but it did have a duty to attem
Another Ohio District Court Rules that the Non-Economic Damages Cap on Catastrophic Medical Injuries Is Unconstitutional as Applied
Following the 8th District Court of Appeals’ ruling in Paganini v. Cataract Eye Center of Cleveland earlier this year, the 10th District has likewise ruled that the non-economic damages cap under R.C.
Claims for a Hospital’s Negligent Credentialing Must Be Addressed With Sufficient Facts in a Corroborating Expert Affidavit During the Presuit Investigation Period
The Third District Court of Appeal affirmed a motion to dismiss related to a negligent credentialing claim on the basis that the presuit corroborating expert affidavit was deficient.
Pennsylvania Superior Court Enforces Venue Selection Clause in Surgical Consent Form
The Superior Court of Pennsylvania affirmed the order of the Philadelphia County Court of Common Pleas, sustaining preliminary objections of the defendant-physician and defendant-facility as to venue and transferred the case to the Bucks County Co
A Jury Does Not Need to Make an Express Finding of Liability as to Each Defendant to Establish a Hospital’s Vicarious Liability for a Child’s Brain Injury
The Superior Court affirmed the order of the Philadelphia County Court of Common Pleas denying the defendant-hospital’s motions for judgment notwithstanding the verdict, new trial, and remitter.
Florida Courts Reaffirm Damages Must Be Calculated as of Date of Breach in Construction Defect Cases
It has been well-settled in Florida that the proper measure of damages for a breach of contract claim is calculated as of the date of the breach. In terms of a construction defect claim, it is the date the construction defect occurred.