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The Legal Intelligencer

Anderson v. Ying et al, PICS Case No. 17-1070 (C.P. Philadelphia July 6, 2017) Shreeves-Johns, J. (13 pages).

Plaintiff failed to produce sufficient evidence that the City of Philadelphia was on constructive notice of a sidewalk defect through evidence that city employees had visited the area for purposes other than to inspect or clean the sidewalk. The court recommended affirmance of an order denying plaintiff's motion to set aside a nonsuit.
6 minute read

The Legal Intelligencer

Employee: Unsafe Factory Practice Led To Arm Amputation

On Nov. 11, 2011, plaintiff Daniel Albarracin, 46, a machine operator, had his right hand and lower forearm severed while working at a candy and nut processing plant, in Allentown. He worked on a conveyor belt, known as an E2 line, on which liquid chocolate pours onto toffees and nuts. The nuts, however, release a natural oil, which causes the conveyor belt to slip: the drive roller continues to spin but fails to move the belt. Meanwhile, the product sits on the stationary belt.
16 minute read

New York Law Journal

Out-of-Possession Owners and Snow, Ice Liability: Appellate Courts Are Split

Alan R. Levy writes: Do "out-of-possession" commercial landowners, who have transferred possession and control of premises to a commercial tenant, retain the non-delegable duty to remove snow/ice from their abutting sidewalks? Can they be liable for injuries arising from an alleged failure to do so? The courts appear to be struggling with this question, as there appears to be a split among the First and Second Departments.
9 minute read

Daily Business Review

Waterfront Businesses Kill and Paralyze Their Guests: A Clear Proposal to Stop This

Personal injury litigators Stuart Z. Grossman and William Mulligan call for local ordinances to warn visitors of hidden hazards in Florida waters.
4 minute read

The Legal Intelligencer

Landlords Rejected Tenant's Assertion He Slipped on Icy Steps

On Feb. 1, 2014, plaintiff Jacek Dmochowski, 58, left his residence, at 5441 Baywood St., in Pittsburgh and started down the steps. He claimed that as he did so, he slipped and fell on ice and struck his left knee, tearing his quadriceps muscle.
6 minute read

The Legal Intelligencer

Patient Alleged Doctor Removed Wrong Testicle

A man who entered surgery thinking one testicle was going to be removed only to find afterward that the wrong one was missing has been awarded $870,000, including $250,000 in punitive damages, by a Huntingdon County jury.
3 minute read

Daily Report Online

Family of Man Killed In Deck Accident Seeks $25M After $1M Settlement

A $1 million settlement has been reached with the survivors of a disabled veteran who strangled to death when an apartment deck railing broke loose and trapped him in his wheelchair. But the parties are continuing to litigate, as the family and estate seeks $25 million from the apartment complex owner's excess coverage policy.
3 minute read

Daily Business Review

Latham Partners Lawyer Cites Dog Racism in Condo Dispute

A breach of contract or dog racism? It depends on who you ask.In a complaint filed last week in New York state court against Michelle Kelban-Carteron, the board of managers at the Chelsea Modern condominium in Manhattan's Chelsea neighborhood allege that the co-chair of Latham & Watkins' real estate practice committed breach of contract by owning and harboring an aggressive pit bull in her unit.
3 minute read

Daily Report Online

Man Stabbed While Fighting Ex-Girlfriend Can't Sue Apartment Owners, Appeals Court Rules

The Georgia Court of Appeals has affirmed a DeKalb County judge's dismissal of a premises liability suit brought by a man stabbed repeatedly during a dustup with his ex-girlfriend.
11 minute read

The Legal Intelligencer

Path Where Woman Fell Wasn't for Public Use, Landlord Said

On the evening of March 27, 2011, plaintiff Jennifer Brown, 30, was walking on a brick path along the side of an apartment building, at 1013 DeKalb St., in Norristown. While she was walking, she tripped and fell. She claimed that she rolled her left ankle on the uneven surface and fell on her buttocks. She suffered an ankle fracture.
3 minute read

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