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New York Law Journal

Montanez v. The State of N.Y.

Cheerleading Accident Not Negligence; Assumption of Risk Doctrine Bars Suit
3 minute read

The Legal Intelligencer

Ambulance Company's Insufficient County Business Leads to Venue Change

A lawsuit against a Bradford County-based ambulance company whose services in Lackawanna County constitute less than 1 percent of its trips and revenue should be heard in the former county rather than the latter, a Lackawanna County judge has ruled.
6 minute read

New Jersey Law Journal

The 'Scafidi' Quagmire and the 3 Percent Solution

The ambiguous language in Model Jury Charge 5.50--which provides no guidance on the definition of "substantial factor" regarding the causation of an injury--must be resolved.
8 minute read

New Jersey Law Journal

Somerset County Jury Awards $2.27M in Carbon Monoxide Poisoning Case

In Pronovich v. Express Automotive and Towing,a Somerset County jury on March 2 awarded a South Bound Brook woman $2.27 million as compensation for injuries she sustained from a generator that had been installed on the van that she uses for her dog-grooming business, though a partial vacatur brings the actual recovery down to $1.97 million.
9 minute read

The Legal Intelligencer

J&J Hit With $20M Verdict in Third Pelvic Mesh Trial

A 12-member Philadelphia jury handed up a $20 million verdict—including $17.5 million in punitive damages—against Johnson & Johnson subsidiary Ethicon in the third pelvic mesh case to go to trial in the city.
12 minute read

The Legal Intelligencer

Wyszynski v. Greenwood Gaming & Entertainment, Inc., PICS Case No. 17-0654 (Pa. Super. April 17, 2017) Ransom, J. (6 pages).

By | April 28, 2017
Trial court did not abuse its discretion in transferring appellant's slip and fall case to Bucks county because all parties agreed that appellees' registered office and principal place of business was in Bucks county, the cause of action arose in Bucks county and despite appellant's contention about the amount of appellee's advertising in Philadelphia, advertising, no matter how pervasive, did not satisfy the 'Purcell' analysis. Affirmed.
4 minute read

The Legal Intelligencer

State Farm Mutual Automobile Ins. Co. v. Dooner, PICS Case No. 17-0570 (C.P. Monroe County Aug. 23, 2016) Williamson, J. (9 pages).

By | April 28, 2017
Additional defendant insurance companies objected to joinder in civil action that defendant driver brought in case arising from defendant passenger's grabbing the steering wheel of defendant driver's car and causing an accident because there was no evidence that the parties to the homeowner's policy issued to the mother of defendant passenger ever explicitly intended to cover the present situation. Motion granted.
4 minute read

The Legal Intelligencer

Graham v. K Investments Ltd. LP, PICS Case No. 17-0565 (C.P. Monroe Mar 13, 2017) Zulick, J. (10 pages).

By | April 28, 2017
A restaurant was not entitled to summary judgment where plaintiff slipped on an unseen patch of ice in the parking lot. The company that was under contract to plow the restaurant parking lot following the snow storm did not breach any duty to plaintiff, so the court granted its motion for summary judgment.
6 minute read

The Legal Intelligencer

Renninger v. A&R Machine Shop, PICS Case No. 17-0650 (Pa. Super. April 11, 2017) Stabile, J. (29 pages).

By | April 28, 2017
If trial court erred in admitting evidence of employer's conduct in injured employee's strict products liability action against designer, manufacturer and supplier of caster that injured employee, that error was harmless because the jury was instructed that employer's conduct was relevant only if the jury deemed it a superseding cause of the accident and the jury found that the caster was not defective. Affirmed.
6 minute read

The Legal Intelligencer

Okeke-Henry v. Southwest Airlines, Co., PICS Case No. 17-0583 (Pa. Super. April 13, 2017) Stabile, J. (10 pages).

By | April 28, 2017
Trial court erred in granting judgment on the pleadings and in finding that appellant's suit for head injuries she received when struck by another passenger's suitcase while boarding an airplane was preempted by the federal aviation act because the aircraft had not moved from the gate, airline personnel were not involved and there was no basis for concluding that the incident occurred in the course of the operation of the aircraft. Vacated.
4 minute read

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