$2.75 Million Claim Alleging Wrongful Death Survives Summary Judgment
January 25, 2019
Gemini Insurance Co. is not excused from covering a $2.75M claim in a wrongful death suit involving a trash hauling employee, according to D.N.J. The carrier argued they were exempted from covering the claims, suggesting that the policy's exclusion language bars claims related to suits between multiple parties insured under the same policy. As the claims in question were brought by the...
New York Court of Appeals decides on Comparative Fault.
January 20, 2019
In another split decision in Rodriquez v. City of New York, the Court of Appeals took issue with whether a plaintiff is entitled to partial summary judgment on the issue of defendant’s liability, when a defendant has raised an issue of fact regarding plaintiff’s comparative negligence. Plaintiff Carlos Rodriguez was employed by the New York City Department of Sanitation (DOS) as a garage...
New York Court of Appeals Issues Labor Law 240 Decision
January 20, 2019
A divided Court of Appeals ruled in O'Brien v The Port Authority of New York and New Jersey that the defendant presented sufficient evidence to defeat plaintiff’s summary judgment motion. Plaintiff O’Brien was a construction worker who slipped ono an exterior metal stairway. The plaintiff sued, and the Supreme Court denied summary judgment to all parties on the Labor Law 240(1) claim...
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