News & Analysis as of

Negligence Bodily Injury Summary Judgment

Husch Blackwell LLP

Texas Court Upholds Summary Judgment in Silica Case

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The Texas Fourteenth Court of Appeals upheld summary judgment for Exxon Mobil corporation in Stanley Cole v. Exxon Mobil Corp. (No. 14-22-00756-CV), a premises liability case involving alleged exposure to olivine dust. The...more

Lathrop GPM

Pennsylvania Appellate Court Affirms Finding of Vicarious Liability Against Franchisor in Pizza Delivery Accident

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The Superior Court of Pennsylvania recently affirmed a judgment holding Domino’s Pizza vicariously liable for a motorcycle accident involving a franchisee’s delivery driver. Coryell v. Morris, — A.3d —, 2025 Pa. Super. 28...more

Katten Muchin Rosenman LLP

D.C. Court Finds A Piggyback Statute Of Limitations In Segway-Crash Case

According to court filings, on October 11, 2019, a Segway struck Marilyn Kubichek and Dorothy Baldwin as they strolled along a D.C. sidewalk....more

White and Williams LLP

No Expert Testimony for You: Maryland Federal Court Deems Expert Testimony Inadmissible

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The plaintiff, Whitney Rich, on behalf of C.W., brought this action after her young infant, C.W., suffered severe burns from a bathtub in their rental property. The plaintiff alleged that the landlord, Marilyn L. Dennison...more

Lathrop GPM

Franchisor Not Liable for Alleged Customer Injuries at Franchised Water Park

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A federal court in Mississippi granted summary judgment in favor of a franchisor on negligence claims that arose after eleven children allegedly contracted E. coli in a franchised water park’s pool. Neely v. Great Escapes...more

Tyson & Mendes LLP

Barking Up the Wrong Policy

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This case is an eye-opener for every policyholder as it explains the importance of treating an insurance policy as a specialized contract. Insurance contracts have special features, but they are still contracts to which the...more

Proskauer Rose LLP

Three Point Shot - November 2024

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Ninth Circuit Does Flip Turn, Reversing Antitrust Case Against World Aquatics - In a decision that is making waves through the world of competitive swimming, the Ninth Circuit reversed a California district court’s grant...more

Rivkin Radler LLP

October 2024 New York Insurance Coverage Law Update

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The insured admittedly punched and threw the claimant to the ground, but the insured maintained during her plea for reckless assault in criminal court that the claimant was the aggressor, she acted in self-defense, and that...more

Tyson & Mendes LLP

Crash Course: Why Summary Judgment Misses the Mark in Illinois Multi-Cause Limousine Crash Collision

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In Johnson v. Illinois State Toll Highway Authority, a limousine ride to the airport turned catastrophic when an unlicensed, speeding driver named Aaron Nash (“Nash”) missed a lane shift through a construction zone and...more

Marshall Dennehey

The Delaware Superior Court Dismisses a Pedestrian’s Case in an Unavoidable Accident

Marshall Dennehey on

O'Neal v. Allstate Ins. Co., No. N22C-03-226 MAA, 2023 WL 4704684 (Del. Super. Ct. Jul. 21, 2023) - In a somewhat unusual case, the Delaware Superior Court found that the plaintiff’s negligence in crossing the street...more

Goldberg Segalla

Defendant’s Motions for Summary Judgment Denied

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Supreme Court of New York, New York County - In three asbestos actions (Learmond, Nale, and Torio), a caulk defendant moved for summary judgment, arguing that the respective plaintiffs’ claims regarding the asbestos...more

Marshall Dennehey

Supreme Court of New York, Appellate Division Affirmed Trial Court’s Grant of Summary Judgment in Favor of Plaintiff on Issue of...

Marshall Dennehey on

Mei v. Cheung 187 N.Y.S. 3d 311, (N.Y. App. Div. 2d Dept. 2023) - The plaintiff was struck by the defendant’s vehicle as she crossed the street. Through deposition testimony, the plaintiff demonstrated that she crossed in the...more

Farrell Fritz, P.C.

Bow-wouch: A Word on Special Protections against Municipal Tort Liability

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When performing governmental functions, municipal agencies are immune from tort liability for negligence unless it is shown that there was a “special relationship” between the plaintiff and the agency at the time the claim...more

Snell & Wilmer

Equine Activity Liability Releases: The Arizona Court of Appeals Finds “Release” of Trail Ride Operator Doesn’t Block Negligence...

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For the first time in nearly twenty years, the Arizona Court of Appeals last week weighed in on Arizona’s equine activity liability statute, finding that a form signed by participants before a trail ride did not qualify as a...more

Rumberger | Kirk

Third DCA Defines Scope of Duty for Security Services Contracts

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When it comes to defining a security company’s obligations, words may speak louder than actions. On January 06, 2021, the Third District Court of Appeal issued its opinion in Margery Glickman and Fred Glickman vs. Kindred...more

Foley Hoag LLP

Product Liability Update - May 2020

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Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...more

Baker Donelson

When Form Meets Substance: Two Fifth Circuit Decisions Chart the Boundary Lines of Summary Judgment

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Murky waters swirl in the legal gulf that separates the absence of any “genuine dispute[s] as to any material fact” (in which case summary judgment is appropriate); and the presence of non-speculative “evidence [on which] a...more

Butler Snow LLP

Sports Torts and Courts

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Who has not been injured in a recreational, athletic activity? Who has not accidentally injured someone else in the course of play? We all have … an errant softball throw, a shanked iron, a bouncing horseshoe. We enjoy the...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Substances/Bodily Injury Claim: New York Court Addresses Potential Liability of Engineering Inspection Subcontractor

The Supreme Court (Appellate Division) New York addressed in a March 7th decision whether a lower court properly granted summary judgment to a subcontractor performing engineering inspection services on a highway construction...more

Allen Matkins

Nevada Supreme Court Holds That Member-Managers Were Not Proper Parties To Negligence Claim Against An LLC

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In an opinion issued yesterday, the Nevada Supreme Court addressed the extent to which a member of a limited liability company is protected in a negligence based tort action against the LLC. Gardner v. Henderson Water Park,...more

Maynard Nexsen

Torts & Insurance Cases from the 4th Circuit Court of Appeals

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Each month, Nexsen Pruet attorney Marc Manos, a member of the SC Bar Torts and Insurance Practice Section Council, sheds light on a few recent cases from the Fourth Circuit Court of Appeals, focused in the area of Torts &...more

Haight Brown & Bonesteel LLP

Exceptions to Privette Doctrine Do Not Apply Where There is No Evidence a General Contractor Affirmatively Contributed to the...

The Court of Appeal of the State of California – Second Appellate District in Khosh v. Staples Construction Company, Inc. (10/26/16 – Case No. B268937) affirmed the trial court’s granting of summary judgment in favor of the...more

Carlton Fields

“Contractor?” I Do Not Think That Employers’ Liability Exclusion Means What You Think It Means

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Over the summer, this blog reported on how the Supreme Court of Pennsylvania managed to parse an employer’s liability exclusion to find that it did not exclude claims by employees of additional insureds. As the leaves started...more

Cozen O'Connor

Morello v. Kenco Toyota Lift: No Duty to Advise Of Optional Safety Devices

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Just last week, the Eastern District of Pennsylvania dismissed plaintiff’s negligence and §402(B) strict liability claims on summary judgment in Morello v. Kenco Toyota Lift, et al. The court reserved dismissal of the...more

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