Fitness Center's Exculpatory Release Muscles Out Plaintiff's Claim
Foley, Comerford & Cummins Blogs
Latest from Foley, Comerford & Cummins
NOTE NEW DATE FOR UPCOMING TORT TALK CLE — SEPTEMBER 22
Motion to Preclude Expert in Fire Loss Case Denied
PLEASE NOTE: TORT TALK CLE THAT WAS SET FOR SEPT. 14TH HAS BEEN MOVED TO SEPT. 22
Summary Judgment Denied in Trip and Fall Case Where Issues of Fact Remain on Whether Doormat was a Dangerous Condition
In the case of O’Connor v. Speedway Super America LLC, No. 20-1453 (E.D. Pa. July 30, 2021 Joyner, J.), the court denied a Defendant’s Motion for Summary Judgment in a case where the Plaintiff alleged that she tripped on a floor mat.
The court found that, under the record before it, it was for the jury to determine if the mat presented a dangerous condition and whether the alleged condition had existed long enough for…
Trip and Fall Case Allowed to Proceed to Jury on Question of Whether Defect Was Open and Obvious
Consider Booking Your End-of-Year Mediations Now
Minor League Baseball Team Pops Out on Business Interruption Claim
Federal Judge Denies Motion For Summary Judgment Filed by Carrier on Coverage Issues Related to Alleged Fraternity Hazing Death
In the case of Nationwide Gen. Ins. Co. v. Dibileo, No. 3:19-CV-01003 (M.D. Pa. July 20, 2021 Brann, J.), the court denied a carrier’s Motion for Summary Judgment in its Declaratory Judgment Action regarding issues of coverage under a homeowner’s insurance policy arising out of alleged actions by fraternity students in an alleged hazing death.
The court found that the action filed by the decedent’s parents stated a claim for negligence. The court found that…
Pennsylvania Superior Court Addresses Attorney-Client Privilege and Attorney Work Product Privilege
In the case of Carlino E. Brandywine, L.P. v. Brandywine Vill. Assoc., No. 1194 EDA 2019 (Pa. Super. July 23, 2021 Stabile, J., McLaughlin, J., Stevens, P.J.E.) (Op. by Stabile, J.), the Pennsylvania Superior Court vacated a trial court’s decision in a land dispute matter and remanded a case for further proceedings, after ruling that, where Defendants raise the affirmative defenses of reliance upon advice of counsel and counsel’s good faith reliance upon applicable law,…