Publications
Pennsylvania Court Affirms Dismissal of Roofer’s Injury Claim Over Ladder Accident
In a recent decision, the Superior Court of Pennsylvania upheld the dismissal of a roofer’s negligence lawsuit, ruling that the alleged danger posed by an improperly placed ladder was “open and obvious.” The plaintiff claimed he was injured when t
Case Law Alerts, 2nd Quarter, Apri
Court Grants Summary Judgment in Slip-and-Fall Case Under Hills and Ridges Doctrine
A trial court had ruled in favor of the defendants in a slip-and-fall lawsuit arising from an ongoing snowstorm, citing the hills and ridges doctrine.
Case Law Alerts, 2nd Quarter, Apri
Court Grants Summary Judgment in Mall Slip-and-Fall Case Over Trivial Tile Height Difference
A Pennsylvania trial court granted summary judgment in favor of the defendant in a slip-and-fall case at a mall.
Case Law Alerts, 2nd Quarter, Apri
No Duty Owed: Premises Liability and Pedestrian Use of Drive-Through Lanes
In a premises liability case, the plaintiff alleged she suffered injuries after slipping on an oil slick while walking to an ATM designed for drive-through use.
Case Law Alerts, 2nd Quarter, Apri
Appeals Court Overturns $1.3 Million Slip-and-Fall Verdict Due to Lack of Evidence
An appellate court has reversed a $1.3 million jury verdict in a slip-and-fall case, ruling that there was insufficient evidence to prove the defendant had constructive notice of a hazardous condition.
Case Law Alerts, 2nd Quarter, Apri
Court Affirms Dismissal of Product Liability Claim Over Absence of Driver-Assistance Features
This product liability action centered on a fatal auto accident; a head-on collision that the plaintiff claimed could have been prevented if the vehicle had been equipped with a “lane departure” warning or other driver-assistance feature.
Case Law Alerts, 2nd Quarter, Apri
Florida Court Holds Uber Is Not Vicariously Liable for Driver’s Negligence in Fatal Accident
Florida’s Third District Court of Appeals affirmed summary judgment for Uber Technologies, Inc. and affiliated defendants (collectively Uber), holding Uber could not be held vicariously liable for a driver’s negligence.
Case Law Alerts, 2nd Quarter, Apri
Connecticut Court Denies Summary Judgment in Uninsured Motorist Claim Over Unexhausted Coverage Limits
The Superior Court of Connecticut denied a motion for summary judgment to dismiss a claim for uninsured motorist benefits because they found that the defendant failed to prove that the plaintiff had not exhausted the underlying limits of the alleg
Case Law Alerts, 2nd Quarter, Apri
Delaware Court Denies Motion to Dismiss, Allows Negligence Suit Against Railroad Company Over Commuter Train Incident
The Delaware Superior Court permitted an action against a railroad company to go forward, denying a motion to dismiss in a suit where a commuter train struck a vehicle that became stuck on the tracks.
Case Law Alerts, 2nd Quarter, Apri
Appeals Court Upholds Sovereign Immunity, Dismisses PIP Reimbursement Suit Against School Board
An insurance carrier sought reimbursement for PIP benefits paid following a school bus accident, arguing that legislative statutes waiving sovereign immunity applied to the case. The school board moved to dismiss, citing immunity.
Case Law Alerts, 2nd Quarter, Apri