Publications
Allegheny County jury verdict of $1.7 million compensatory for hole in fence over dugout.
The plaintiff’s parents were awarded a jury verdict in their favor against the defendants for the permanent brain damage to their son who was struck in the head by a foul ball.
Case Law Alerts, 3rd Quarter, July 2019
Lower court must resolve question as to recklessness or negligence in baseball player injury.
The New Jersey Appellate court reversed dismissal based on a procedural error, requiring the lower court to find if instructing a high school baseball player to slide, which resulted in an ankle injury, was reckless under the circumstances or barr
Case Law Alerts, 3rd Quarter, July 2019
Florida statute defines liability in the context specific to motorsport spectators.
The Court of Appeal reversed summary judgment on appeal when it found that the lower court incorrectly determined that the release signed by a woman killed in a restricted area of speedway barred suit.
Case Law Alerts, 3rd Quarter, July 2019
Holding a corporate officer personally liable for a tort committed by the corporation.
The court in part dealt with the defendant’s motion for summary judgement as to a corporate officer’s liability for insurance fraud.
Case Law Alerts, 3rd Quarter, July 2019
First Department clarifies disclosure of notes from IME.
The plaintiff was examined by the defense medical expert at an IME and was accompanied by a representative from an IME watchdog group. The defendant demanded any notes, reports, photos, etc. from the IME watchdog.
Case Law Alerts, 3rd Quarter, July 2019
U.S. Supreme Court sets forth new test for product manufacturer’s duty to warn under maritime law.
This maritime tort law case involved Navy veterans claiming they developed cancer as a result of asbestos exposure on Navy ships and in naval shipyards.
Case Law Alerts, 3rd Quarter, July 2019
Third DCA holds that Florida statutes do not impose on hospitals a non-delegable duty to provide non-negligent emergency room care, and certifies conflict with Fourth DCA.
The Court of Appeal of Florida, Third District, affirmed dismissal of an estate’s claims against a hospital where the decedent received emergency care.
Case Law Alerts, 3rd Quarter, July 2019
New life breathed into choice-of-law analysis: Travel from there to Pennsylvania for the events at issue gives Pennsylvania the greater interest in the application of its law.
New Jersey residents placed their disabled adult son at a residential care facility located in Pennsylvania.
Case Law Alerts, 3rd Quarter, July 2019
For the purposes of the ten-year statute of repose set forth in Florida Statute Section 95.11(3)(c), the term “founded on” means based upon, arising from, growing out of, or resting upon.
The plaintiff appealed an order in favor of the defendant, which was based on the application of the statute of repose.
Case Law Alerts, 3rd Quarter, July 2019
Restrictions on leave to amend in construction and design defect cases.
Although Florida courts tend to permit the liberal amendment of pleadings, a recent ruling by the 3rd DCA imposed a limit.
Case Law Alerts, 3rd Quarter, July 2019