In Leight v. Univ. of Pittsburgh Physicians, the Pennsylvania Supreme Court dealt with third-party liability under the Mental Health Procedure Act, 50 P.S. § 7101et seq., in the context of preliminary objections. The case arose when a mentally-ill man went into a hospital and shot several people, including the plaintiff. The plaintiff survived and filed … Read more
In Graham v. Check, the Pennsylvania Supreme Court did its best to settle the question of what evidence must be presented at trial to merit a “sudden emergency” jury instruction. Here, the defendant was driving and struck the plaintiff, a pedestrian. The sudden emergency doctrine allows for an affirmative defense where an individual will not … Read more
In February 2013, the plaintiffs purchased a snow tubing season pass from the defendant mountain resort. The reverse side of the season pass contained a release agreement, which provided that the signatory both assumed all the risks of snow tubing and released the resort from liability. Plaintiff skimmed the release agreement and signed it. The … Read more
In Glassman v. Friedel, the plaintiff sued the restaurant and property owner of the site where his deceased wife fell and fractured her ankle. In an amended complaint, the plaintiff added the Medical Defendants, alleging their negligence during surgery led to postoperative complications and injuries to her right leg, resulting in a fatal embolism. Plaintiff … Read more
The Appellate Division ruled in McNellis-Wallace v. Hoffman that a malpractice attorney could not sustain a claim against successor attorneys for contribution and indemnification where the original attorney negligently failed to serve proper 90-day notice against a public employee under the state’s Tort’s Claim Act.
In a case that could come straight out of a law school torts exam, a divided Superior Court ruled in Lageman v. Zepp that the trial court erred in denying the plaintiff’s request for a res ipsa loqitur jury charge where the patient suffered a stroke after her anesthesiologist botched a portion of her operation.
One resident of a boarding house killed another resident of the boarding house. The estate of the decedent brought a wrongful death and survival action against the landlord based on two theories: (1) a violation of the Rooming and Boarding House Act of 1979, and (2) common law negligence. The thrust of both causes of … Read more
Plaintiff slipped and fell on black ice in a parking lot owned by private entities and leased in its entirety to the Borough of Caldwell. The lease stated that maintenance of the property — including snow and ice removal — was the sole responsibility of the borough. Applying the New Jersey Supreme Court’s recent holding … Read more