Attorney’s Fee Award Denied By Federal Court on Basis of Being Outrageously Excessive
Plaintiff Bernie Clemens was awarded $100,000 in punitive damages under the Pennsylvania Bad Faith Statute in a federal jury trial. He then submitted a petition to the District Court judge for over $900,000 in attorney’s fees from the defendant New York Central Mutual Fire Insurance Company. The District Court denied the petition in its entirety […]
Court Finds an Unoccupied Two Family Home to Be a Residential Property for Purposes of Determining Liability for a Fall on Adjoining Public Sidewalk
Defendant Suresh Muthupandi bought a vacant two-family home, intending to rent out one of the dwellings in the building and, because he was having marital problems with his wife and wanted to separate from her, to move into the other dwelling. Before he could move in, in January 2014, the roof of the building collapsed. […]
Landlord Held Not Liable for Injuries Suffered by Commercial Tenant’s Employee When Tenant Responsible for Maintenance of Premises
The issue often arises as to who is responsible to an injured plaintiff when the plaintiff falls on leased property – the owner or the tenant? This issue was addressed in Caldas v. Janard Management Services, Inc., 2018 N.J. Super. Unpub. LEXIS 972 (App. Div. April 26, 2018). Plaintiff Juan Caldas was injured at work […]
The Storm in Progress Exception to a Commercial Landowner’s Responsibility to Keep Its Premises in a Safe Condition
By: Betsy G. Ramos, Esq and Kristen Mowery A landowner holds the general duty to keep its premises reasonably clear of hazards “for the benefit of business invitees . . . includ[ing] keeping the premises reasonably safe from natural accumulations of ice and snow.” Laine v. Speedway, LLC, 177 A.3d 1227, 1229 (Del. 2018). However, […]
Landlord May Be Liable to Tenant Injured in The Process of Changing Lightbulb in Ceiling Fixture in Common Hallway
Plaintiff Evelyn Delgado was injured while trying to change the lightbulb of the ceiling fixture in the entrance hallway leading to her apartment. She tried to change the lightbulb by standing on a stair, leaning over the banister. She lost her balance, fell to the floor, and injured her leg. The issue in Delgado v. […]
Expert Needed to Prove Amount of Property Damage for Fire Loss
Plaintiff V&C Liquors, Inc. made a claim against PSE&G for fire damage to its Newark liquor store. At trial, PSE&G was found 100% liable by the jury and V&C was awarded $200,000 for property damage and $14,700 for lost rent. The trial court judge had permitted V&C’s principal to testify to the amount of the […]
No Attorney’s Fees Permitted Under Offer of Judgment Rule When not Preserved Under High-Low Agreement
Plaintiff Lucia Serico filed a motion for attorney’s fees following a jury trial in a medical malpractice case based upon an offer of judgment she had made before the trial. While the jury was deliberating, she entered into a high-low agreement with the defendant. When the jury returned a verdict of $6 million, which was […]
Offer of Judgment Sanctions Found Inapplicable in Multidefendant Case
Plaintiff Josh Willner suffered an injury while climbing a rock climbing wall that was owned by his employer (Ivy League Day Camp). He sued the camp, the manufacturer of wall and parts in the wall (Vertical Reality, Inc. and ASCO Numatics) under product liability theories. Before trial, he made a single offer of judgment as […]
Plaintiff, as Trespasser to Property, Owed Minimal Duty of Care by Landowner
The plaintiff injured himself when he tripped on an uncovered sewer drain in the parking lot of a doctor’s office across the street from his house. The plaintiff sued the owner of the property for his injuries, claiming the owner was negligent in failing to maintain the cover of the drain. The issue in Pisano […]
Mode of Operation Doctrine Rejected for Accident Caused by Fall on Laundry Detergent in Mailroom of Apartment Building
Plaintiff Maryann Zagloba injured her back when she slipped on laundry detergent spilled in the mailroom of her apartment building. She sued the owner of the building, Vista Gardens Associates LLC (“Vista Gardens”), for her injuries. She argued that the mode of operation doctrine should apply and, as a result, that she did not have […]
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