In this nursing malpractice case, the New Jersey Appellate Division vacated the trial court's order that granted the defendant's motion to dismiss. The plaintiff treated with the doctor/co-defendant for problems with her left knee. The nurse/defendant assisted the doctor with a surgery. The plaintiff sued, alleging negligence in the performance…
In this nursing malpractice case, the New Jersey Appellate Division vacated the trial court’s order that granted the defendant’s motion to dismiss. The plaintiff treated with the doctor/co-defendant for problems with her left knee. The nurse/defendant assisted the doctor with a surgery. The plaintiff sued, alleging negligence in the performance of the surgery. Shortly after… Continue reading Hoover v. Weltzer, M.D.
An en banc panel of the Pennsylvania Superior Court determined that Appellees were not immune from liability because they did not qualify as statutory employers under the Workers’ Compensation Act (WCA). This case arose from injuries sustained from Appellant’s exposure to barite at a natural-gas site leased and operated by Defendant EQT. To drill and… Continue reading Dobransky v. EQT
The New Jersey Supreme Court held that the “mode of operation” rule does not apply to the sale of grapes in closed clamshell containers. Under the “mode of operation” rule, plaintiffs who bring premises liability claims against businesses that employ self-service models do not need to show that the business owner had actual or constructive… Continue reading Jeter v. Sam’s Club
The Pennsylvania Superior Court reversed the trial court’s order, granting Lafayette College’s Motion for Judgment on the Pleadings. Aubrey Baumbach’s parents sued Lafayette College after a drunk driver struck their daughter, a crew team member, as she walked to crew practice. The amended complaint asserted claims of negligence and intentional misrepresentation. The trial court granted… Continue reading Baumbach v. Lafayette Coll.
The Pennsylvania Superior Court affirmed the trial court’s decision, which ordered Nationwide to provide a defense to the parents in an underlying action concerning a young man’s death. The Kramers’ son hosted the decedent in the Kramers’ home while they were out of town. The decedent was found dead, and a coroner determined that the… Continue reading Kramer v. Nationwide Prop. and Cas. Ins. Co.
The Pennsylvania Superior Court issued a critical ruling on an issue of first impression regarding underinsured motorist coverage. A detective was injured while driving his patrol car. The insurance companies for the municipality and the other motorists paid out the total amount of the policy. The detective then sought additional compensation from his insurance carrier… Continue reading Rush v. Erie Ins. Exch.
An en banc panel of the Pennsylvania Commonwealth Court heard an appeal from an order of the Court of Common Pleas granting summary judgment in favor of the defendant. The defendants were contractors who completed improvements to Oil City public library’s exterior steps. Soon after completion of the project, the steps began to deteriorate. The… Continue reading Brown v. City of Oil City
Brunswick Investment Limited Partnership (“Brunswick”) owned the premises where the plaintiff E.S., guardian ad litem for her two minor daughters, lived. Fred performed maintenance work for Brunswick at the property as well as others Brunswick owned. The plaintiff learned that Fred, who had worked in her unit, sexually assaulted her two daughters. The plaintiff sued,… Continue reading E.S. v. Brunswick Inv. Ltd. P’ship
The New Jersey Supreme Court issued a cautionary tale for attorneys in its review of this professional malpractice action. The plaintiff — a probation officer — and her ex-husband hired the defendant to represent them in several municipal court matters. The municipal court cases resulted from a series of tickets the ex-husband accumulated on the… Continue reading Gilbert v. Stewart
A tragic series of events led the New Jersey Supreme Court to issue a critical ruling regarding the duty of care in a negligence action. The case started with the Department of Child Protection and Permanency separating a mother from her children and referring the mother to the plaintiff, a licensed social worker. The plaintiff… Continue reading Coleman v. Martinez