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Weekly Caselaw Updates

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Kramer v. Nationwide Prop. and Cas. Ins. Co.

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…

Kramer v. Nationwide Prop. and Cas. Ins. Co.
Pennsylvania Superior Court

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.

Rush v. Erie Ins. Exch.
Pennsylvania Superior Court

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.

Brown v. City of Oil City
Pennsylvania Commonwealth Court

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

E.S. v. Brunswick Inv. Ltd. P’ship
New Jersey Appellate Division

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

Gilbert v. Stewart
New Jersey Supreme Court

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

Coleman v. Martinez
New Jersey Supreme Court

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

Degliomini v. ESM Prod., Inc.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court held that an exculpatory release, signed by a participant in a charity bike ride and designed to immunize the City of Philadelphia, was unenforceable. The Court found that the release violated public policy because the City would have been immunized from an essential duty of public service. The plaintiff was injured when… Continue reading Degliomini v. ESM Prod., Inc.

Wise v. Huntingdon Cnty. Hous. Dev. Corp.
Pennsylvania Supreme Court

Wise v. Huntingdon Cnty. Hous. Dev. Corp. resulted from a negligence suit filed after the plaintiff tripped and fell on a sidewalk in a public housing development. The plaintiff claimed that insufficient lighting caused her fall and that the housing authority was liable for her injuries. The housing authority moved for summary judgment based on… Continue reading Wise v. Huntingdon Cnty. Hous. Dev. Corp.

Mazzie v. Lehigh Valley Hosp.
Pennsylvania Superior Court

In Mazzie v. Lehigh Valley Hosp., the defendants in a medical negligence matter appealed after a jury found in favor of the plaintiffs. The defendants claimed that they should have been awarded a JNOV because the plaintiff’s expert did not testify “to a reasonable degree of medical certainty” that the defendants’ actions caused the injury.… Continue reading Mazzie v. Lehigh Valley Hosp.

Maison v. New Jersey Transit Corp.
New Jersey Supreme Court

In Maison v. New Jersey Transit Corp., the Supreme Court reviewed a jury verdict for the plaintiff in a negligence action. In doing so, the Court was asked to determine whether, under the New Jersey Tort Claims Act, N.J.S.A. 59:1-1 to 59:12-3, the heightened duty-of-care standard governing private common carriers protects equally those people who… Continue reading Maison v. New Jersey Transit Corp.