Publications
PA Court Rules Adverse Inference Based on Spoliation of Evidence Does Not Defeat Summary Judgment Without Proof of Negligence, Plaintiff Suffered Little Prejudice from Deletion of Video, and Deletion of Video Was Not a Bad Faith Act.
The plaintiff, an invitee, slipped and fell at the defendant-restaurant. At first, the plaintiff claimed that uneven floor tiles caused her to fall.
Case Law Alerts, 4th Quarter, Octo
Relying upon Pennsylvania Law, Federal District Court Held that Presence of Spill in Multiple Aisles of Store Was Not Enough to Establish Constructive Notice.
The plaintiff slipped and fell on a spilled liquid in the defendant-store. It was undisputed that the defendant did not have actual notice of the spill. Instead, the key issue was whether the defendant had constructive notice.
Case Law Alerts, 4th Quarter, Octo
Federal District Court Applies Recently Revised Rule 702 Standard Regarding Experts.
This product liability case involved a fatal helicopter crash, which the plaintiffs alleged was caused by a defective helicopter engine. Each side filed Daubert motions to preclude their opponent’s experts.
Case Law Alerts, 4th Quarter, Octo
Federal District Court in California, Applying Florida Law, Dismisses Multiple Causes of Action Against TNC for Alleged Sexual Assault.
The plaintiff, a resident of Florida, claimed she was sexually assaulted by a Lyft driver in Florida.
Case Law Alerts, 4th Quarter, Octo
Superior Court of Connecticut Denied Summary Judgment in Sexual Assault Case Where One of Defendant’s Truck Drivers Assaulted a Co-Employee.
In this matter, the plaintiff alleged she was sexually assaulted by a co-employee, S. Baugh.
Case Law Alerts, 4th Quarter, Octo
Defendant’s Motion for Summary Judgment Was Denied As Its Truck Was Stolen and the Thieving Driver Caused an Accident and Injury to the Plaintiff.
This action involved a motor vehicle collision where the defendant’s (Sam’s Construction) construction vehicle was stolen by the co-defendant, M. Richards, who caused an accident injuring the plaintiff.
Case Law Alerts, 4th Quarter, Octo
Middle District of Florida Rejects Defendant’s Argument that Dash Cam Video Should Be Protected as Attorney Work Product.
A dash cam in a tractor trailer was originally unrecovered because it was detached from the truck in the subject collision. Defense counsel and its retained expert ultimately recovered the video in an inspection of the vehicle wreck.
Case Law Alerts, 4th Quarter, Octo
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