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  • Ziadeh v. Walmart Inc.

    Publication Date: 2024-01-22
    Practice Area: Premises Liability
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Wilson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:22-CV-00094

    Defendant moved for summary judgment in action over plaintiff's fall over a pallet in the store and court found defendant owed no duty to plaintiff because the pallet was an objectively obvious danger, no party argued the assumption of risk doctrine in this summary judgment context, and plaintiff's subjective apprehension of the danger of the pallet was not relevant. Motion granted.

  • Depolito v. Okamoto

    Publication Date: 2024-01-01
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5499 CIVIL 2023

    Defendants filed preliminary objections to personal injury plaintiff's civil complaint alleging premises liability. The court overruled defendants' objections to plaintiff's claim of negligence where plaintiff adequately apprised defendants that they were being sued for negligently failing to remedy a dangerous condition of their sidewalk, namely that a portion of the sidewalk was raised above its surroundings and caused plaintiff to trip and fall. The court sustained defendants' objections to plaintiff's allegations of respondeat sup

  • Patterson v. Rockefeller Group Int. Inc.

    Publication Date: 2023-07-10
    Practice Area: Premises Liability
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2022-C-0060

    Plaintiff failed to demonstrate the existence of a duty by defendant or a link between defendant's actions and plaintiff's decedent's death. Plaintiff's complaint dismissed.

  • Hannibal v. Solid Waste Serv., Inc.

    Publication Date: 2023-02-27
    Practice Area: Premises Liability
    Industry: Insurance
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Shreeves-Johns
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 01172

    Defendant's insurer could not intervene in this premises liability action for the limited purpose of submitting interrogatories in aid of determining whether plaintiff's accident was excluded under its insurance policy as the insurer's liability was uncertain and it did not have a legally enforceable interest in the matter. The trial court recommended affirmance.

  • Cox v. Cemex, Inc.

    Publication Date: 2023-02-06
    Practice Area: Premises Liability
    Industry: Manufacturing | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10132 OF 2020, C.A.

    While liability can be imposed upon a landowner and municipality where an object obstructs a roadway and causes injury, there were genuine issues of material facts regarding whether the tree that injured plaintiff was protruding over the roadway from the landowner's property at the time of the subject accident. The court denied defendants' motion for summary judgment.

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  • Coleman v. W. Oilfields Supply Co.

    Publication Date: 2022-12-19
    Practice Area: Premises Liability
    Industry: Energy
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4:21-CV-00090

    Plaintiffs could not rely upon relation-back doctrine to make amended complaint timely where correct party did not have timely notice of the original complaint and there was no fraudulent concealment of the party's identity or participation in the alleged events. Defendant's motion to dismiss granted.

  • Massaro v. McDonald's Corp.

    Publication Date: 2022-08-15
    Practice Area: Premises Liability
    Industry: Food and Beverage
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0915

    Trial court erred in sustaining defendant's preliminary objections to plaintiff's action asserting negligence/gross negligence and premises liability for defendant's employees' refusal to intervene or call police when man in restaurant subjected plaintiff to a racist, threatening tirade and misconstrued the nature of plaintiff's legal claims and court found there was no doubt that premises owner running a restaurant open to the public owed a duty of care to business invitees. Vacated.

  • Coen v. United States

    Publication Date: 2022-05-23
    Practice Area: Premises Liability
    Industry: Defense
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0569

    Independent contractor exception to Federal Tort Claims Act did not apply where hazardous materials were placed by government employees, even where those employees may have been under the supervision of an independent contractor. Defendant's motion to dismiss denied in part and granted in part.

  • Glidewell v. Giant Food Stores, Inc.

    Publication Date: 2022-04-11
    Practice Area: Premises Liability
    Industry: Retail
    Court: Courts of Common Pleas, Columbia County
    Judge: Judge Norton
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0293

    There was no genuine issue of material fact to demonstrate that defendant supermarket's actions or inactions were a substantial factor in bringing about the injuries plaintiff allegedly suffered when another patron hit plaintiff with a shopping cart. The court granted defendant's motion for summary judgment.

  • McCullon v. Byers

    Publication Date: 2022-03-14
    Practice Area: Premises Liability
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0204

    The court held that plaintiff failed to allege sufficient facts to proceed on a claim of promissory estoppel against the individual defendant for alleged promises made by the agent of defendant's insurance company because defendant was not the promisor. Defendant's motion for judgment on the pleadings granted.