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Of Interest The WCM Law Blog SearchHome About Practice Areas Attorneys Partners Counsel Associates Of Interest Subscribe to Of Interest News & Events Contact Us Office Locations Of Interest Expert Opinion Not Worth Bus Fare (NY) Thursday, May 9, 2019 - In Salas v. Adirondack Transit Lines, Inc., a personal injury action, plaintiff sued the defendant bus company claiming they breached their duty to provide her with a safe place to disembark from their bus. The Second Department affirmed summary judgment … Continue reading ... Even Great Facts Can Lead to Appellate Practice, or, There’s No Such Thing as a Slam Dunk (NY) Thursday, May 9, 2019 - In Young v Associated Blind Hous Dev. Fund Corp., plaintiff sued for personal injuries following a trip and fall on a defective sidewalk. Plaintiff claimed that a sidewalk shed narrowed the plaintiff’s path and led her straight into a sidewalk … Continue reading ... Clarification of Established Law Stacks Results in Favor of Policyholders (PA) Thursday, May 9, 2019 - This blog post is a follow-up to the February 5, 2019 post on the Gallagher decision. What happens when an insured plaintiff wants to be able to retroactively apply a clarification that has come out of a recent decision? That is … Continue reading ... Updated Broker Liability Statutes in New Jersey, But No Alarming Changes (NJ) Thursday, May 9, 2019 - The New Jersey legislature has recently enacted amendments to N.J.S.A.17L22A-26 and N.J.S.A.2AL53A-27, effective May 13, 2019. These amendments involve an update to the Affidavit of Merit Act as well as an update to language relating to insurance producers. As explained … Continue reading ... The Weather Outside is Frightful (NJ) Thursday, May 9, 2019 - In Dixon v. HC Equities Associates, LP, the plaintiff tripped and fell on an icy sidewalk while walking to her state-issued car. Although she wore boots and walked cautiously, her feet slipped on at least one inch of snow. At … Continue reading ... Plaintiff Rides Again: Dude Ranch’s Motion for Summary Judgment Denied (NY) Monday, March 25, 2019 - In SARA W by HENNY W v Rocking Horse Ranch Corporation, plaintiffs commenced an action seeking to recover damages for injuries sustained by plaintiff, who was 16-years-old, when she fell from a horse while at defendant’s dude ranch. Defendant moved … Continue reading ... Plaintiff’s Claim Against Movie Theater Flops at Box Office (NJ) Thursday, March 7, 2019 - Anyone who has gone to the movie theater to catch the latest flick knows to tread carefully when exiting the theater. No matter how many ushers and cleaning crew are available, it’s a challenge to keep the floors completely free … Continue reading ... Seemingly Inconsistent Verdict Results in Defense Win (PA) Thursday, March 7, 2019 - On March 6, 2019, the Pennsylvania Superior Court affirmed a judgment entered in the Court of Common Pleas Monroe County in Steudler v. Keating. The case arises out of a tragic accident in which Kirkland Keating’s car struck and killed … Continue reading ... No Driver’s License means No PIP Benefits for that Driver in New Jersey Thursday, March 7, 2019 - In Blanco-Sanchez v. Personal Service Ins. Company, a New Jersey Appeals court ruled that unlicensed drivers are not entitled to personal injury protection (PIP) benefits for car crash injuries even if they have been given permission to drive a car … Continue reading ... Jury Leaves Portions of the Verdict Sheet Blank – What is Remedy? (PA) Thursday, March 7, 2019 - In Mader v. Duquesne, a fifty-four-year-old masonry contractor was conducting chimney repair at a home, and was electrocuted when an aluminum extension ladder he was carrying made contact with underground electrical power lines. As a result, plaintiff was severely burned … Continue reading ... Serious Injury Threshold Favors Plaintiff with Documented Pre-Existing Condition (NY) Tuesday, March 5, 2019 - In New York, a person injured in a motor vehicle accident cannot maintain a lawsuit for personal injuries unless the injuries are serious” as defined by the New York State Insurance Law. Typically, the Court is lenient as to what … Continue reading ... Plaintiff’s Untimley Expert Disclosure Stricken in Westchester County (NY) Tuesday, March 5, 2019 - At a time when many counties tend to blur the CPLR, it is nice to know the rule of law still applies in Westchester County. The Second Department upheld a lower court decision to strike plaintiff’s untimely expert disclosure and … Continue reading ... 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