Kiara Hartwell | Marshall Dennehey The New Jersey Appellate Division affirmed three trial court orders dismissing claims brought by James Weiss, a retired firefighter and employee of Altona Blower & Sheet Metal Works, who was seriously injured while installing a firefighter training simulator. Weiss sued the Borough, its Fire Department and later his employer, alleging… Continue reading Appellate Division Upholds Dismissal of Construction Accident Claims Against Employer and Municipality
Category: Personal Injury
Court Resolves Carriers’ Dispute Over Which Must Defend
Tred R. Eyerly | Insurance Law Hawaii The court agreed with Travelers that Lloyd’s had a duty to defend the underlying personal injury case. Travelers Indem. Co. v. Underwriters at Lloyd’s, 2025 U.S. Dist. LEXIS 118445 (S.D. N. Y. June 23, 2025). Jerome Avenue owned a multi-tenant property in the Bronx,… Continue reading Court Resolves Carriers’ Dispute Over Which Must Defend
Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims
Daniel Matusicky | Kohrman Jackson & Krantz An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose your claim against their employer. Case Overview In Badra-Muniz v. Vinyl Carpet Serv. Inc., an… Continue reading Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims
Recent First Department Decision Revisits Duty of Care and Common Law Negligence
Hilary Simon and Kristiana Zuccarini | Kennedy’s The Appellate Division of the State of New York, First Department recently reversed a lower court decision, holding that a subcontractor did not owe a duty of care to a plaintiff working on a jobsite and therefore, determined that the subcontractor could not be held liable for a… Continue reading Recent First Department Decision Revisits Duty of Care and Common Law Negligence
Courthouse Reporter Series: Louisiana Supreme Court Holds Architect Has No Duty to Safeguard Third Parties Against Injury, Regardless of Knowledge of Dangerous Conditions on the Project
Stu Richeson | The Dispute Resolver In Bonilla v. Verges Rome Architects, 2023-00928 (La. 3/22/24); 382 So.3d 62, the Louisiana Supreme Court held because the terms of the agreement between the architect and the public owner did not give the architect responsibility for the means and methods of construction or for safety on the project, the… Continue reading Courthouse Reporter Series: Louisiana Supreme Court Holds Architect Has No Duty to Safeguard Third Parties Against Injury, Regardless of Knowledge of Dangerous Conditions on the Project