News & Analysis as of

Damages Employer Liability Issues Bodily Injury

Marshall Dennehey

Court Affirms Labor Law § 240(1) Liability Despite Lack of Witnesses and Plaintiff’s Potential Comparative Negligence

Marshall Dennehey on

Mederos v. 147 Amsterdam (2025 NY Slip OP 01895 (237 AD3d 410) - The plaintiff was injured when he fell off a scaffold. However, there were no witnesses who saw him fall. Other workers heard a sound and then found the...more

Marshall Dennehey

Pennsylvania Court Issued Discovery Sanction Against Defendants for Late Production of Evidence, Opening Door to Questioning...

Marshall Dennehey on

Brown v. Brooks, 2024 WL 5008506, No. 23-2966 (E.D. Pa. Dec. 6, 2024) - This matter involved a motor vehicle accident between the plaintiff and a laundry truck driver, and it illustrates the danger of errors during discovery....more

Goldberg Segalla

N.J. Supreme Court Rules No Coverage Available due to Intentional Wrong Exclusion in Policy

Goldberg Segalla on

On December 12, the New Jersey Supreme Court ruled that there was no coverage available to an employer for its employee’s workplace personal injury lawsuit under the employer’s workers’ compensation and employer’s liability...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Oklahoma Supreme Court Quashes Noneconomic Damages Cap for Personal Injury Claims

A divided Oklahoma Supreme Court recently invalidated the $350,000 noneconomic damages cap on pain and suffering in personal injury lawsuits. In Beason v. I.E. Miller Services, Inc., the court held that the statutory damages...more

Eversheds Sutherland (US) LLP

Run a tight ship - the false economy of cutting operational corners

On February 1, 2019, a Louisiana federal court judge awarded an injured construction worker $3.3 million, finding that, during equipment transfers between boats and barges, the practice of keeping vessels together by using...more

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