Publications
New Jersey Court Finds No Duty of Care Owed When Risk of Harm Is Not Forseeable
In this personal injury case, the plaintiff, Mildred Green, appealed from a trial court order granting summary judgment to the defendants, Arboleda Guapacha and Vidal.
Case Law Alerts, 1st Quarter, Janu
Summary Judgment Granted by New York Court on Issue of Comparative Negligence
In an action to recover damages for personal injuries, the plaintiff appealed from an order of the Supreme Court, Nassau County, granting the motion of the defendants, Paul Edward Destocki and PNH Intercontinental Corp., for summary judgment, dism
Case Law Alerts, 1st Quarter, Janu
Ohio Court of Appeals Finds No Duty of Care by Contractual Obligation
The appellant, Monica Peters, individually and as administratrix for the Estate of Christopher Peters, deceased, appealed the trial court’s decision granting the motions to dismiss and motions for judgment on the pleadings filed by the appellees,
Case Law Alerts, 1st Quarter, Janu
Deadline for Removal Not Triggered by Initial Pleading in Pennsylvania
This case arises from a motor vehicle accident in which Ms. Baucom “was violently struck from behind” while driving her motor vehicle by Ms. Torres Vidal. Ms.
Case Law Alerts, 1st Quarter, Janu
Florida District Court of Appeal Dismisses Claim for Punitive Damages Against Retail Grocer
The plaintiff, a sales representative for Pepsi, sued the defendant for premises liability and negligence after one of its display shelves, known as an “end cap,” fell on him.
Case Law Alerts, 1st Quarter, January 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
‘I Was Just Following Orders’ Can Support Qualified Immunity Absent Undermining Observations in Ohio
The Sixth Circuit Court of Appeal found that an officer who ticketed a protestor for disorderly conduct, despite not personally witnessing the conduct, had qualified immunity against the plaintiff’s First Amendment retaliation claim.
Case Law Alerts, 1st Quarter, Janu
Ohio Supreme Court Finds the Plain Meaning of an Immunity Exception Supersedes any Deference to the Political Subdivision
The Ohio Supreme Court overruled the holding of the Ninth District Court of Appeals and limited the understanding of a governmental entity’s immunity for property damage, resulting from a roadway defect, to the plain meaning of the statute.
Case Law Alerts, 1st Quarter, Janu
New York Appellate Division Finds that Defendant Raised Triable Issues of Fact to Defeat Summary Judgment Motion and Reversed Lower Court’s Ruling
The plaintiff alleged, while performing brickwork, the ladder he was on suddenly shook when he was about seven feet off the ground, and he fell.
Case Law Alerts, 1st Quarter, Janu
Pennsylvania Court Affirms that Experts and Treating Physicians Must Be in Same Specialty
The Superior Court of Pennsylvania reiterated, retained experts opining on the standard of care must be experts in the same practice area as the named defendants.
Case Law Alerts, 1st Quarter, Janu
Standard to Meet Gross Negligence and What Protections Are Afforded Pursuant to Pennsylvania Mental Health Procedures Act Outlined by Pennsylvania Court
The Pennsylvania Superior Court affirmed summary judgment and found that the treatment given to a patient in a mental health facility did not rise to the level of gross negligence needed to overcome the immunity provided by the Pennsylvania Mental
Case Law Alerts, 1st Quarter, Janu