Archives for Premises Liability

Superior Court of Pennsylvania Vacates Trial Court’s Judgment and Remands Case for Judgment in Favor of Defendants in Philadelphia Eagles Restroom Fight Premises Liability Case

In Patrick Pearson v. Philadelphia Eagles, LLC, Eagles Stadium Operators, LLC, and Executive Services Management Inc., the Superior Court of Pennsylvania vacated the trial court’s judgment and reversed an order denying the Motion for Summary Judgment of Defendants Philadelphia Eagles and their security staff provider in a case seeking damages from injuries sustained during a restroom altercation. At the trial stage, the jury returned a verdict for Mr. Pearson, finding the Defendants negligent in their security program and awarding Plaintiff$700,000 in damages. The Superior Court disagreed with the trial court and found that, when applying the standard ofnegligence for the
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New Jersey Appellate Court Reverses Trial Court’s Holding That Plaintiff Could Not Demonstrate Proximate Cause for Her Accident in Personal Injury Suit

In Winstead v. Yorkshire Village, the New Jersey Appellate Division reversed the trial court’s grant of summary judgment to a landlord in a personal injury suit. Plaintiff brought suit against the landlord after she was injured by a malfunctioning automatic exterior entry door at her apartment building. The trial court determined that the malfunctioning door was not the proximate cause of Plaintiff’s injuries because Plaintiff did not have a reasonable fear of being struck by it. The appellate court disagreed and held that a genuine issue of disputed material fact precluded entry of summary judgment for the landlord. Plaintiff was
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New York Trial Court Denies Bar Owner’s Motion for Summary Judgment After Plaintiff’s Expert Affidavit Creates Fact Issues Regarding Reasonableness of Security Measures at Bar

In Gaskin v. OBMP-NY LLC, the New York Supreme Court considered a personal injury suit against a bar owner, his landlord and the bar’s security company for injuries arising from a fight that broke out in the bar. OBMP-NY, the bar owner who leased the property from landlord 701 West 135, orally contracted 5Points to provide security services for the bar. Plaintiff sought to impose liability on 701 West 135 under the theory that the landlord could not avoid liability under Real Property Law § 231, which provides that the owner of real property who knowingly leases it to be
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Eastern District of Pennsylvania Grants Summary Judgment to Store in Slip and Fall Negligence Action

In Thomas v. Family Dollar Stores of Pennsylvania, LLC, the district court for the Eastern District of Pennsylvania considered a premises liability action brought by a shopper due to injuries she received when she slipped and fell in a thick, yellow substance on the floor of an aisle at a Family Dollar retail store. The court granted summary judgment to the store, holding that Family Dollar owed no duty to the shopper and that no evidence existed that could show Family Dollar had constructive notice of the spill prior to the shopper’s fall. Plaintiff argued that Family Dollar was negligent
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New Jersey Appellate Division Affirms Summary Judgment for Defendant in Premises Liability Action Finding That No Dangerous Conditions Existed That Caused Plaintiff’s Accident and That Plaintiff Was Aware of the Conditions and Possible Risks of the Property

In Platvoet v. Mancini, the New Jersey Superior Court, Appellate Division, considered a premises liability case arising from the plaintiff’s fall into her mother’s pool while pulling a tarp over the water. The trial court granted the defendants’ motion for summary judgment and subsequently denied plaintiff’s motion for reconsideration of the judgment. Plaintiff appealed and argued that there were genuine issues of material fact regarding the presence of a dangerous condition on the property that precluded the entry of summary judgment. Her argument was based on competing expert engineering reports produced by plaintiff and defendant about whether a dangerous condition
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New Jersey Appellate Division Affirms Summary Judgment for Defense in Premises Liability Suit

In MacKenn v. Agios Haralambos Corp., the New Jersey Superior Court, Appellate Division, considered a premises liability case arising from the plaintiff’s fall on an allegedly buckled mat while entering a restaurant. The trial court granted the defendants’ motion for summary judgment. In a brief opinion, the Appellate Division observed that there was no evidence of how long the mat had been buckled. Accordingly, the plaintiff could not establish that the defendants had actual or constructive notice of a dangerous property condition. The Court also noted that there was no evidence that the defendants had violated a duty to inspect
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New Jersey Appellate Division Holds That Condominium Association Has No Duty to Plow Roadways During Snowstorm

In Kerton v. Society Hill at Droyers Point Condo. Ass’n, the New Jersey Superior Court, Appellate Division examined a lawsuit arising from an accident at a condominium development. After responding to a medical emergency during a snowstorm, a police officer slipped on a snow-covered road, landing on her back and hitting her head on the road. The police officer sued the condominium association and the contractor retained to remove snow from the development. Under the terms of its contract with the association, the contractor was required to plow snowfalls of two inches or more, and was required to make an
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New Jersey Appellate Division Affirms Summary Judgment for Defendant in Premises Liability Action Due to Absence of Actual or Constructive Knowledge of Dangerous Condition

In Kurc v. All Star One, the Appellate Division of the New Jersey Superior Court analyzed a lawsuit arising from an accident at a cheerleading practice. While walking to meet her granddaughter at the end of the practice, the plaintiff stepped on a mat in order to avoid a child sitting on another mat in the walkway. The mat moved as the plaintiff was stepping off it, causing her to fall and injure her wrist. The plaintiff brought a negligence action against several parties connected with the facility where the accident occurred. The defendants filed a motion for summary judgment,
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New Jersey Appellate Court Holds Negligence Claims May be Pursued Against Apartment Landlords for Failure to Cover Radiators

In J.H. v. R&M Tagliareni, LLC, the New Jersey Superior Court, Appellate Division, examined a lawsuit regarding burns to an infant. The infant was staying at the apartment of his stepmother’s sister and sleeping on a bed next to a radiator. While sleeping, the infant rested his head against the radiator and suffered third-degree burns. The burns resulted in permanent scarring. The radiator was controlled by a shut-off valve, and became extremely hot once the valve was opened. There was no thermostat to control the temperature of the radiator. While some radiators in the apartment building had been covered several
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New Jersey Appellate Court Holds That Additional Insured is Not Entitled to Coverage for Gross Negligence

In Moran-Alvardo v. Nevada Court Realty, LLC, the Superior Court of New Jersey, Appellate Division, addressed a liability insurance claim arising from a fall on snow in a shopping center parking lot. After the injured party filed an action against the shopping center owner and a tenant, the property owner filed a third-party indemnification action against the tenant and the tenant’s liability insurer. The trial court granted summary judgment in the tenant’s favor with regard to the indemnification claim, but granted summary judgment in the owner’s favor with regard to insurance coverage. Both decisions were reversed on appeal, as the
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