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Case digests and stories on significant verdicts and rulings
By Colleen Murphy | August 16, 2022
"The question of whether Mac's Convenience ultimately bears liability for the off-premises assault in this case will be answered not through the duty prong of the negligence analysis," said Levy, "but under the fact-based inquiry of whether Castonguay can demonstrate that the duty was breached and that the breach was a proximate cause of Castonguay's injuries."
4 minute read
By Colleen Murphy | August 10, 2022
A 61-year-old woman injured while walking in front of the Westin Hotel in Jersey City settled her personal injury suit, Kreusch v. Westin…
5 minute read
By Max Mitchell | August 5, 2022
The employer became suspicious that Pitt had improperly diverted his fees to the claimant in order to avoid having the money used to pay down the lien, Fizzano Cannon said. The employer then asked the workers' compensation judge to adjudicate the matter, seeking to recover the money.
5 minute read
By Cedra Mayfield | August 2, 2022
"They should create a log of the inspections and repairs to the property," said Brian M. Douglas of Brian M. Douglas & Associates. "This system of routine inspection and maintenance can help owners [and] hosts if they are facing a premises liability lawsuit."
6 minute read
By Jason Grant | July 27, 2022
The Colorado Governmental Immunity Act "does not define 'public building' or 'building,'" said the appeals court, but "relying on the plain meaning of the statutory language, and with the aid of well[-]recognized dictionaries, we conclude that the parking structure is a 'public building.'"
5 minute read
By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner | July 25, 2022
There is a divergence between the jurisprudence of the First and Second Departments of the Appellate Division on what would seem to be a basic issue: When can a landlord be held liable for a targeted attack by an assailant against a particular tenant?
14 minute read
By Raychel Lean | July 22, 2022
"We see hotels and apartment complexes that spend more money on landscaping than security, while their guests are being ravaged by violent crime," said plaintiffs attorney Justin Shapiro.
5 minute read
By Colleen Murphy | Charles Toutant | July 21, 2022
A woman seriously injured after a fall on black ice settled her suit against the property owner and snow removal contractor for $2.15 million. As Yvette Anderson left work at 3310 Route 36 in Neptune on January 9, 2018, she walked through the parking lot on the way to her car. It was already dark outside by at 5:20pm and the parking lot lights had not been turned on yet. Anderson fell on a patch of black ice covering a large pothole. The incident was captured on video.
5 minute read
By Cedra Mayfield | July 18, 2022
"The business amenity offered by defendants, namely, the 'tree swing' referenced here, was an unreasonably dangerous condition on the premises because the tree limb to which it was anchored was fragile, rotten, or otherwise incapable of supporting any meaningful weight load," read the plaintiff complaint.
5 minute read
By ALM Staff | July 18, 2022
This suit was surfaced by Law.com Radar. Read the complaint here.
1 minute read
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