News & Analysis as of

Negligence

Searcy Denney Scarola Barnhart & Shipley

The Importance of Medical Monitoring After Exposure to Toxins

Exposure to toxins through contaminated drugs, medical implants manufactured with dangerous materials, and other risks can have serious and long-term health consequences. However, in many cases, these consequences may not...more

Mandelbaum Barrett PC

Common Bicycle Accident Injuries and How to Document Them for Your Claim

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Bicycling offers an eco-friendly, healthy way to travel through New Jersey’s scenic roads, but even the most cautious riders can be victims of serious accidents. When vehicles weighing thousands of pounds collide with...more

Mandelbaum Barrett PC

Can Anyone File a Wrongful Death Claim in New Jersey?

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Losing a loved one unexpectedly is devastating, particularly when their death results from someone else’s negligence or wrongful actions. Financial hardships, including medical bills, funeral expenses, and lost income, often...more

Marshall Dennehey

Appellate Court Affirms Denial of New Trial, Finds Mockler Instruction Proper in Wet Roadway Collision Case

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Sivak v. Chrzanowski, 2025 WL 366090 (N.J. Super. Ct. App. Div. Feb. 3, 2025) - On appeal, the Superior Court of New Jersey, Appellate Division affirmed a trial court’s order denying the plaintiff’s motion for a new trial,...more

Mandelbaum Barrett PC

What Damages Can You Recover After a Commercial Truck Accident in New Jersey?

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Collisions involving commercial trucks are among the most devastating vehicle crashes on New Jersey roads. When a tractor-trailer collides with a much smaller passenger vehicle, the results are often catastrophic. You may...more

Marshall Dennehey

NJ Court Rules Lack of Optional Driver-Assistance Tech Does Not Constitute Design Defect Under Products Liability Law

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Berkoski v. Honda Motor Company, et al., (App. Div. 2025) - The New Jersey Appellate Division was presented with a question about what constitutes a defective product or design under the New Jersey Products Liability Act when...more

Marshall Dennehey

Appeals Court Reverses Punitive Damages Award, Finds Late Trial Amendment to Add Recklessness Prejudiced Defense

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Bernavage by and through Vanston v. Green Ridge Healthcare Group, LLC, WL 14279152025, (Pa. Super. May 19, 2025) - This case concerned an elderly woman’s slip and fall on a shower floor while being assisted by staff in an...more

Marshall Dennehey

Hospital Owed Duty of Care Through Pre-Transfer Involvement, Pennsylvania Court Affirms

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Munoz v. Children’s Hosp. of Philadelphia, No. 1388 EDA 2024, 2025 WL 1504354 (Pa. Super. Ct. May 27, 2025) - The Superior Court of Pennsylvania affirmed the judgment entered by the Court of Common Pleas of Philadelphia...more

Mandelbaum Barrett PC

How Can New Jersey Drivers Prove Fault After a Nighttime Car Accident?

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Navigating the aftermath of a nighttime car accident presents unique challenges for New Jersey drivers. The darkness obscures crucial details, witnesses may be scarce, and evidence can be more challenging to identify and...more

Marshall Dennehey

Pennsylvania Supreme Court: Mental Health Facilities May Be Liable for Gross Negligence in Denying Voluntary Admission

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Matos v. Geisinger Med. Ctr., 334 A.3d 288 (Pa. 2025) - An individual with an extensive mental health history sought admission to two different mental health facilities for inpatient psychiatric care. However, both facilities...more

Marshall Dennehey

Superior Court Reverses Nonsuit, Holds Trial Court Bound by Prior Ruling on Expert Qualification

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Joyner v. Thomas Jefferson Univ. Hosps., Inc., No. 534 EDA 2024, 2025 WL 933175, at *1 (Pa. Super. Ct. Mar. 26, 2025), reargument denied (May 29, 2025) - In her suit, the pro se plaintiff alleged negligent placement of leg...more

Marshall Dennehey

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

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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

Federal Court Shields Lyft from Liability in Driver Altercation, Citing Independent Contractor Status

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Hollins v. Lyft, Inc., 2025 WL 915412 (N.D. Ga. Mar. 12, 2025) - The United States District Court for the Northern District of Georgia granted summary judgment in favor of Lyft in a personal injury claim stemming from an...more

Rivkin Radler LLP

July 2025 New York Insurance Coverage Law Update

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A pedestrian tripped and fell on a public sidewalk in front of a multi-unit premises owned by 1995-2003 Jerome Avenue. The injured claimant filed a bodily injury action against Jerome Avenue and Pawnit Jerome Corp., a lessee...more

Rodemer Kane Attorneys at Law

How Strong Closing Arguments Help Us Win Your Personal Injury Case

As a personal injury attorney here in Colorado, I can tell you one of the most important aspects of any case is the closing argument. After all the evidence is presented, testimonies are heard, and legal points are made and...more

Marshall Dennehey

Superior Court Affirms New Trial in Zoo Injury Case Over Omitted Open and Obvious Jury Instruction

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Janik v. Zoological Society of Philadelphia, 2025 Pa. Super. 90 (Pa. Super. Apr. 22, 2025) - The Superior Court of Pennsylvania affirmed an order granting a new trial, as the jury was not instructed on the open and obvious...more

Marshall Dennehey

Trial Court Allows Punitive Damages Claim to Proceed in Campground Bleacher Fall Case, Citing Monroe Standard

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K.H. v. Mill Run Campground, Docket No. 2197 of 2023, G.D. (Pa. Com. Pl., Fayette Cnty, Mar. 10, 2025) - A Pennsylvania trial court overruled primary objections to claims of punitive damages when the plaintiffs’ alleged...more

Marshall Dennehey

Appellate Court Revives Nursing Home Rights Claim, Rejects Limitation to Current Residents Under NHA

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Salters v. South Mountain Rehab. Ctr., LLC., A-1790-23, Jun. 17, 2025 - The plaintiff fell in his room at the defendants’ nursing facility. Because the plaintiff was taken to the hospital the next morning, September 16, 2019,...more

Weber Gallagher Simpson Stapleton Fires &...

Shotgun Pleadings Lead to Holes Allowing for Dismissal

As defense counsel, not only do we have an obligation to evaluate plaintiffs’ complaints to develop affirmative defenses and form defense strategy, but we must also assess the viability of the claims on their face. In a...more

Tonkon Torp LLP

Landowner Immunity on Oregon Trails Now Permanent

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On May 28, 2025, Governor Kotek signed SB 179 into law, to be effective January 1, 2026. SB 179 makes permanent the temporary changes made to the Oregon recreational immunity law by SB 1576 in 2024, set to sunset on January...more

Faegre Drinker Biddle & Reath LLP

Florida Courts of Appeal Scrutinizing Punitive Damages Claims

It is not uncommon for a product liability plaintiff to base a claim for punitive damages on little more than the same allegations that undergird a strict liability or negligence claim, while adding that the defendant knew...more

Winstead PC

Texas Supreme Court Addresses Informal Fiduciary Relationships and The Fiduciary Duties Owed By Accountants

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In Pitts v. Rivas, Rivas brought claims against his accountants for negligence/malpractice, fraud, breach of fiduciary duty, and breach of contract, based on alleged errors in financial statements that harmed his business....more

Hissey, Mulderig & Friend, PLLC

Ozempic & Wegovy Users Report Vision Loss: Could Semaglutide Be Linked to NAION?

The diabetes drugs Ozempic and Wegovy have been linked to an increased risk of sudden vision loss and blindness due to a rare eye condition known as NAION (non-arteritic anterior ischemic optic neuropathy)....more

Searcy Denney Scarola Barnhart & Shipley

Taking Legal Action Against Defective Medical Device Manufacturers

Defective medical devices can present serious—and sometimes life-threatening—risks for patients. As a patient, you never expect a medical implant to cause you harm. You expect the manufacturer to conduct thorough testing...more

Rivkin Radler LLP

July 2025 Insurance Update

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We cover a broad range of topics in this month’s insurance update. The Supreme Court of Vermont considers how to measure a boat’s capacity under a watercraft exclusion. The Sixth Circuit decides whether an equipment...more

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