Recently, the Superior Court of Pennsylvania in Dailey v. Smith, 2024 WL 4456426, -- A.3d -- (Pa. Super. Ct. Oct. 10, 2024), analyzed whether the trial court erred in not submitting the issue of comparative negligence to the jury when evidence existed that a jury...
Notice of Claim Confusion
Supreme Court Clears Up Confusion and Holds It’s a Reasonable Excuse Procedural History & Facts: In a recent decision, the Supreme Court, New York County granted plaintiff’s motion to deem late service of a notice of claim nunc pro tunc[1] pursuant to General...
Chopper Me Outta Here
Recently, in Troseth v. Carson Helicopters Holdings Co., 2024 WL 4444001 (Pa. Super. Ct. Oct. 8, 2024), the Pennsylvania Superior Court reversed the lower court verdict, in which the judge overruled the defendants’ preliminary objections challenging venue in...
Not Superseding Enough
First Department Affirms Inept Co-Worker Not Bar to Summary Judgment Procedural History & Facts: In a recent decision, the Appellate Division, First Department unanimously upheld the portions of a Supreme Court, Bronx County decision that granted Plaintiff’s...
Detecting Bias: The Role of Expert Interrogatories in Pennsylvania Discovery
While seldom used, Pennsylvania allows parties to issue Expert Interrogatories during discovery under certain parameters. Unlike the federal courts, Pennsylvania does not allow a party to depose experts prior to trial. Expert Interrogatories thus allow the sole avenue...
Conflicting Narratives
Alternative Narratives Take Plaintiff’s Claim out of Labor Law Protections Procedural History & Facts: In a recent decision, the Supreme Court, Kings County denied plaintiff’s motion for summary judgment on his Labor Law § 240(1) cause of action due to a question...
The Courts May Be Getting the Gist of It
On September 26, 2024, in the case Bruno v. Roundhouse Cycles, Inc., 2024 WL 4307525 (E.D. Pa. Sept. 26, 2024), Judge Haines of the Western District of Pennsylvania dismissed a UTPCPL claim brought against a motorcycle dealership for alleged dealer fraud. The claim...
Hearsay, You Say?
No Amount of Hearsay Will Save You from Summary Judgment In a recent decision, the Appellate Division. First Department unanimously upheld a Supreme Court, New York County decision that granted plaintiff’s motion for summary judgment on his Labor Law § 241(6) claim as...
New Fear Unlocked
Elevator Falls Fifteen Floors After Sudden Stop In a recent decision, the Appellate Division, First Department modified a Supreme Court, New York County decision that dismissed plaintiff’s Labor Law § 241(6) cause of action as predicated on Industrial Code § 23-7.3...
