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Publications
Application of assumption-of-risk and waiver-of-liability clauses in member agreement upheld regarding slip and fall, and denial of oral attempt to amend pleading to add claim for gross negligence affirmed.
The plaintiff alleged that as she was leaving class at a hot yoga studio, she slipped and fell on sweat on the floor.
Case Law Alerts, 1st Quarter, January 2022 is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developm
Court rules Labor Law 240(1) applicable to pulling forces.
The Appellate Division, First Department ruled that proof that the wooden dunnage pulled the plaintiff down 3.5′ to the loading dock floor was entitled to summary judgment on Labor Law §240(1) because the dunnage was inadequate to prevent the plai
Case Law Alerts, 1st Quarter, Janu
Plaintiff barred from re-litigating qualified immunity based on collateral estoppel as the same analysis would be used by state court as was used by federal court for state-based claims.
The plaintiff asserted federal and civil rights claims against various police officers surrounding his shooting.
Case Law Alerts, 1st Quarter, Janu
Plaintiff must show recognized duty is owed to support negligence claim.
The plaintiff filed a lawsuit against the defendant hospital alleging, among other things, negligent mishandling of her medical records.
Case Law Alerts, 1st Quarter, Janu
PA Superior Court holds that expert testimony is needed to prosecute claim of medical negligence.
The plaintiff brought claim for medical malpractice, among several other claims, against Dr. Schmalenberger and West Shore Anesthesia Associates.
Case Law Alerts, 1st Quarter, Janu
Exculpatory release granting municipal immunity for violation of duty to maintain public roadways violated public policy.
The plaintiff was injured during a charity bike ride through the City of Philadelphia when he rode into a known, unmarked and un-barricaded sinkhole.
Case Law Alerts, 1st Quarter, Janu
When political subdivision installs lighting as part of real estate, sovereign immunity is waived if agency’s negligent installation and design creates dangerous condition.
A pedestrian brought a personal injury action against political subdivisions after falling while walking on a sidewalk in front of a public housing development around midnight.
Case Law Alerts, 1st Quarter, Janu
Due Process Clause of 14th Amendment does not require municipalities provide pre-termination hearing where employee’s position is eliminated following good faith government reorganization.
The plaintiff was chief of police from 2006 until the Township eliminated the department in 2016. In March 2016, the supervisors passed a resolution and enacted an ordinance eliminating the department.
Case Law Alerts, 1st Quarter, Janu
Independent due diligence blunts justifiable reliance argument in real estate purchase transaction.
The Pennsylvania Superior Court recently affirmed the trial court’s dismissal of intentional misrepresentation, negligent misrepresentation, and fraud in the inducement claims asserted against a sales agent who prepared a prospectus and the owner
Case Law Alerts, 1st Quarter, Janu
Out-of-possession contractor who creates condition that causes physical injury to third party may be liable to third party even though landowner was aware of condition and previously accepted contractor’s work.
In this Commonwealth Court level wrongful death case, the trial court granted motions for summary judgment filed by the defendant architect, contractor and subcontractor.
Case Law Alerts, 1st Quarter, Janu