REAL ESTATE: Freddie Mac, as possessor of property where Plaintiff fell through basement access, had duty to use ordinary care in maintaining the property in a reasonably safe condition and warn of hidden/lurking damages… unrelated buyer’s agents who had previously seen the opening did not have a duty… Molloy. [Read more…]
Insurance, CGL/umbrella “additional insured”
INSURANCE: General contractor is “additional insured” under subcontractor’s CGL/umbrella policies, insurers have duty to defend subcontractor’s employee’s injury claim arising out of gas line rupture… Molloy. [Read more…]
Insurance, county port authority fire coverage
INSURANCE: County’s Port Authority qualifies as insured under ambiguous catastrophic excess policy issued to MACo, policy covers loss of buildings within 1,000 of covered buildings including remnants of burned building, reformation properly denied to [Read more…]
$268,436 verdict, MVA, cervical/shoulder
VERDICT: $268,435.94, MVA, summary judgment for Plaintiff as to negligence and negligence per se, cervical fusion/shoulder surgery. [Read more…]
Insurance, “tough love” school suicide
INSURANCE: CGL/excess insurers had duty to defend “tough love” school against teen suicide claims, liable for $3 million consent judgment plus $568,767 interest… $1,188,399 fees improperly awarded based on judgment and contingency in underlying case, remanded for recalculation on [Read more…]
Insurance, UM stacking
INSURANCE: UM stacking precluded by policy, compliance with statute… Lympus affirmed. [Read more…]
Insurance, duty to defend, troubled teen suicide
INSURANCE: Insurers had duty to defend entity purporting to find boarding school placements for troubled teens, coverage not barred by “professional” exclusion in light of non-professional conduct including panicked school employee failing to aid potentially suicidal teen found [Read more…]
Settlement agreement, enforcement
SETTLEMENT AGREEMENT: Parties agreed on amount of thumb injury settlement ($7,500) but not whether release “global” or limited to injury, no mutual consent because no agreement [Read more…]
Discovery, rollover ejection, supervisory control
DISCOVERY: Supervisory control of discovery orders by Deschamps in rollover ejection case denied… order. [Read more…]
Product liability, load binder handle
PRODUCT LIABILITY: Affirmative defenses of misuse, assumption of risk, contributory/comparative negligence where truck driver [Read more…]