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Weekly Caselaw Updates

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Jordan v. Pa. State Univ.

A former PSU football player sued the school and its medical center following surgery to repair an injury suffered during a practice for a bowl game. The trial court sustained the defendants' preliminary objections and dismissed the action, denied his request for recusal, and held him in contempt. The former…

Jordan v. Pa. State Univ.
Pennsylvania Superior Court

A former PSU football player sued the school and its medical center following surgery to repair an injury suffered during a practice for a bowl game. The trial court sustained the defendants’ preliminary objections and dismissed the action, denied his request for recusal, and held him in contempt. The former athlete fared no better before… Continue reading Jordan v. Pa. State Univ.

The New Jersey Appellate Division heard appeals from Woodbridge Township and the town’s Board of Education after their summary judgment motions were denied in an unusual personal injury case. The plaintiff was walking home from high school when the defendant struck him with her car. The plaintiff sued the driver and included the school district… Continue reading T.B. v. Novia

These three consolidated appeals before the New Jersey Appellate Division posed “related but distinct questions involving the application of Rule 4:19.” The appeals concerned when, if ever, a plaintiff with alleged cognitive limitations, psychological impairments, or language barriers can be accompanied by a third party to a defense medical examination (“DME”), or require that the… Continue reading DiFiore v. Pezic

Haviland v. Lourdes Med. Ctr. of Burlington Cty., Inc.
New Jersey Supreme Court

The New Jersey Supreme Court addressed the issue of whether a plaintiff must submit an affidavit of merit (AOM) in support of a vicarious liability claim against a licensed entity based on the alleged negligent conduct of an employee who is not a “licensed person” under the AOM statute. The plaintiff claimed that an unnamed… Continue reading Haviland v. Lourdes Med. Ctr. of Burlington Cty., Inc.

Baumbach v. Lafayette Coll.
Pennsylvania Superior Court

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.

Bellan v. Penn Presbyterian Med. Ctr.
Pennsylvania Superior Court

The Pennsylvania Superior Court affirmed the trial court’s order, which dismissed the plaintiff’s complaint with prejudice. The plaintiff sued Penn Presbyterian Medical Center (“PPMC”) to recover damages for injuries he allegedly sustained while being treated as a patient. PPMC filed preliminary objections, alleging that the plaintiff did not serve PPMC promptly. The trial court sustained… Continue reading Bellan v. Penn Presbyterian Med. Ctr.

Cooper Hosp. Univ. Med. Ctr. v. Selective Ins. Co. of America
New Jersey Supreme Court

The New Jersey Supreme Court had to decide who must pay the medical bills for a person who was injured in a car crash in 1977. At the time of the accident, the motorist had an insurance policy that provided him with unlimited personal-injury-protection (PIP) benefits. But the crash left him paralyzed from the waist… Continue reading Cooper Hosp. Univ. Med. Ctr. v. Selective Ins. Co. of America

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.

Dennehy v. East Windsor Reg’l Bd. of Educ.
New Jersey Appellate Division

Heads up! Plaintiff sued and alleged negligence after she suffered a concussion when an errant soccer ball hit her. Plaintiff based the claim on a coach’s failure to supervise and oversee their players properly. Defendants filed a motion for summary judgment, which the trial court granted. The New Jersey Appellate reversed and ruled that the… Continue reading Dennehy v. East Windsor Reg’l Bd. of Educ.

Van Divner v. Sweger
Pennsylvania Superior Court

Van Divner sued Sweger and Progressive Insurance Co. after a car accident. The trial court granted Progressive’s preliminary objections and transferred venue per its interpretation of the forum selection clause in Van Divner’s auto insurance policy. The Pennsylvania Superior Court reversed, finding that the trial court erroneously construed the forum selection clause in the policy.