Publications
‘Same-Juror’ Rule Applies to Sequential Interrogatories.
The Ohio Supreme Court held that only those jurors who find negligence can also vote on whether there was proximate cause.
Case Law Alerts, 4th Quarter, Octo
Superior Court Holds, Seeking Relief in County Court in Alleged Breach of Contract Provides Venue in the Filing County.
This case concerned a breach of contract claim related to drilling rights between the parties on the defendant’s property.
Case Law Alerts, 4th Quarter, Octo
Superior Court Held There Was No Factual Dispute to Overcome Summary Judgment When Plaintiff’s Own Admissions Established that Hills and Ridges Doctrine and Assumption of Risk Doctrine Barred Recovery.
The plaintiff, an invitee, slipped and fell on an icy ramp while he walked into work.
Case Law Alerts, 4th Quarter, Octo
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