Personal Injury Civil Procedure Construction

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Mississippi Court Rejects Expansive Reading of Oral Construction Contracts

In McKean, et. al. v. Yates Engineering, 2015 Miss. App. LEXIS 446 (2015), the Court of Appeals of Mississippi affirmed the Circuit Court’s dismissal of four (4) plaintiffs’ personal injury claims stemming from the collapse...more

Superior Court Dismisses Wrongful Death Claims Against Maricopa County Based On Plaintiff’s Untimely Notice Of Claim

Jones, Skelton & Hochuli Governmental and Appellate Group members John DiCaro and Jennifer Anderson recently obtained dismissal of a portion of a wrongful death lawsuit filed against Maricopa County. On January 22, 2014,...more

Construction Alert: "Texas Supreme Court Opinion Impacts General Contractor's Statutory Indemnity Rights Against Manufacturers of...

The Texas Supreme Court recently issued an important decision regarding the ability of general contractors to seek indemnity from manufacturers of defective products. In Centerpoint Builders GP, LLC v. Trussway, Ltd., the...more

Texas Supreme Court Narrows the Ability of General Contractors to Seek Chapter 82 Indemnity for Product Claims

On June 17, the Texas Supreme Court further clarified the definition of the word "seller" in Chapter 82 of the Texas Civil Practice and Remedies Code (known as the Texas Products Liability Act), which was intended to provide...more

New York Appellate Court Finds New York Labor Law 240(1) Does Not Apply to Plaintiff’s Fall Because the Opening at Issue Was Not...

In Vitale v. Astoria Energy II, LLC, 2016 N.Y.App.Div LEXIS 2867 (2nd Dep’t April 20, 2016), Plaintiff was working as a surveyor at a construction site, verifying the accuracy of the location of approximately 200 anchor...more

Nuisance Claim Against Architect Dismissed

“Use the right tool for the job” is also a good bit of advice in litigation, as underscored by a recent decision out of the Connecticut Appellate Court. The case is Fisk v. Redding, AC 37537 (April 19, 2016)....more

Maryland Appellate Court Holds Economic Loss Doctrine Bars Contractor’s Tort Claims Against Government’s Design Professional on...

Balfour Beatty Infrastructure, Inc. v. Rummel Klepper & Kahl, LLP, 226 Md. App. 420, 130 A.3d 1024, 2016 Md. App. LEXIS 3 ( Md. Ct. Spec. App. Jan. 28, 2016) The City of Baltimore retained a design professional, Rummel...more

Torts – Negligence Per Se and Causation/CCP 998 Offers

Anthony Toste v. CalPortland Construction et al. - Court of Appeal, Second Appellate District (March 2, 2016) - In many tort actions, plaintiff will argue that the defendant violated some statute or ordinance and...more

New York’s First Department Holds That Fall Caused By a Shock Constitutes a Violation of Labor Law §240(1)

In Nazario v 222 Broadway, LLC, LEXIS 246 (1st Dep’t Jan. 14, 2016). the Appellate Division, First Department held that the motion court erred in dismissing plaintiff’s claim for violation of New York State Labor Law...more

New York Court Holds Insurer Timely Disclaimed Coverage on Basis of Classification Limitation

In its recent decision in Black Bull Contr., LLC v Indian Harbor Ins. Co., 2016 NY Slip Op 00002 (1st Dep’t Jan. 5, 2016), the Supreme Court of New York, Appellate Division, First Department, had occasion to consider whether...more

Berkeley Balcony Collapse Leads To Calls For More Scrutiny of The Construction Industry

On June 16, 2015 six students died and seven others were seriously injured when the balcony on which they were standing collapsed. The group was celebrating a 21st birthday party at an apartment located in the “Library...more

SB 800 – Can Builders Enforce It, Or Not?

15 years ago, the California Supreme Court held in Aas v. Superior Court, 24 Cal.4th 627 (2000), that homeowners could not recover for construction defects unless the defects caused consequential damages to the building. In...more

Appellate Court Notes

Appellate Court Advance Release Opinions: Released after 11:30 a.m. AC36320 - Valencis v. Nyberg - This decision upheld the granting of a PJR for ~ $1.5 million in favor of the plaintiff property owner when the...more

Denver City Council Passes Construction Defect Litigation Reform Ordinance

After successive failures to pass similar legislation at the state level, the Denver City Council is following Lakewood and other municipalities to pass reforms to curb construction defect litigation. Designed to address...more

Federal Court in Pennsylvania Holds Design Professionals’ Negligence Claim Against Pump Supplier Barred By Economic Loss Rule

Elliot-Lewis Corp. v. Skanska USA Building, Inc., 2015 U.S. Dist. LEXIS 98405 (E.D. Pa. July 27, 2015) - This dispute arises out of a major renovation and expansion of the Franklin Institute in Philadelphia (the...more

Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

In Vebr v. Culp (Filed 10/28/2015, No. G050730), the Fourth District Court of Appeal affirmed a trial court’s grant of summary judgment in favor of homeowners, where an employee of an unlicensed painting company was injured...more

Homebuilders Welcome Recent Court Decisions

Arizona homebuilders will welcome with open arms two recent legal rulings of substantial impact to their industry. In the first decision, on July 28, 2015, in Sullivan v. Pulte Home Corp., No. 1 CA-CV 14-0199, the Arizona...more

Reports of the Death of SB800 are Greatly Exaggerated – The Court of Appeal Revives Mandatory SB800 Procedures

In a 20 page opinion, the Court of Appeal for the Fifth District repudiated the holding of Liberty Mutual Insurance Co. v. Brookfield Crystal Cove, LLC (2013) 219 Cal.App.4th 98 (“Liberty Mutual”), and held that plaintiffs in...more

Pennsylvania Supreme Court Holds That Insured May Settle Tort Claim Without Insurer Consent Under “Fair and Reasonable” Standard

In Babcock & Wilcox Co. v. American Nuclear Insurers, a divided Supreme Court of Pennsylvania, deciding an issue of first impression under Pennsylvania law, recently held that when an insurer defends its insured subject to a...more

Duty to Cooperate Ruling Narrows Insurers’ Ability to Foreclose Coverage for Settled Class Action Claims

Insurance policies typically include a cooperation clause, which requires the insured to cooperate with the insurer in the defense of a covered claim. Insurers routinely use this clause as a sword against their insureds by...more

Texas Supreme Court Eliminates Premises Liability for Concurrent Acts of Premises Employees

In Magdalena Adrienna Abutahoun, et al. v. The Dow Chemical Company, 2015 WL 2147979, the Supreme Court of Texas affirmed the overturning of a jury verdict against Dow, finding it owed no duty related to the plaintiffs’...more

Project Management Firm Not Liable for Subcontractor’s Injuries

The Suffolk (MA) Superior Court, in Rodrigues, et al. v. Tribeca Builders Corp., et al. (Civil Action No. 13-00730-C), recently granted summary judgment to a project management firm retained by a property’s landlord/owner,...more

Litigation Alert: "Texas Supreme Court Affirms Protection for Business Property Owners"

The Supreme Court of Texas, interpreting Chapter 95 of the Texas Civil Practices & Remedies Code, affirmed that business property owners have broad protections against suits for injuries claimed by contractors, subcontractors...more

Senate Tightens Requirements for Construction Defect Claims

The Florida Senate is following a recent national trend of tightening its laws governing construction defect claims. Currently, under FL. Stat. § 558.004, entitled Notice and Opportunity to Repair, a party claiming a...more

Construction Case Law Update - April 2015

The fraud statute of repose does not bar fraud claims when the jury finds no evidence of the plaintiff’s reliance during the repose period, because it is the defendant’s last action or omission that triggers the fraud repose...more

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