News & Analysis as of

Slip and Fall Summary Judgment

Marshall Dennehey

The Sufficiency of a Store’s Inspection and Maintenance Policies Are Only Relevant After Establishment of Notice of the Hazardous...

Marshall Dennehey on

Steffe v. Walmart Supercenter #2023, 2023 WL 6216712 (M.D. Pa. 2023) - The plaintiff, a customer at the defendant’s store, slipped and fell on a puddle located on the floor of the store’s restroom. The defendant filed a...more

Marshall Dennehey

A Store Does Not Have a Duty to Constantly Monitor its Premises for Potential Hazards, and Any Alleged Failure to Monitor Is Not...

Marshall Dennehey on

Smalis v. Home Depot U.S.A., Inc., 2023 WL 8479242 (W.D. Pa. 2023) - The plaintiff, a customer of the defendant’s store, slipped and fell on water located on the floor of the men’s restroom. After the defendant removed the...more

Marshall Dennehey

A Gas Station Store Was Not Liable for a Slip and Fall When There Was No Evidence as to the Duration of the Alleged Dangerous...

Marshall Dennehey on

McClure v. Love’s Travel Stops & Country Store, Inc., 2023 WL 3609158 (M.D. Pa. 2023) - The plaintiff slipped and fell in the defendant’s gas station store. The plaintiff parked his tractor trailer in the parking lot to...more

Shutts & Bowen LLP

Florida Appellate Court Provides Further Guidance Regarding New Summary Judgment Rule

Shutts & Bowen LLP on

In a recent opinion, Florida’s First District Court of Appeal provided further guidance regarding the changes to Florida’s summary judgment rule.  See Whitlow v. Tallahassee Memorial Healthcare, Inc., --- So. 3d ---, Case No....more

Carlton Fields

Pennsylvania Court Ices General Reservation of Rights Letters: Insurers Must Specify “Emergent Coverage Issues”

Carlton Fields on

In Selective Way Insurance Co. v. MAK Services Inc., the Superior Court of Pennsylvania reversed an insurer-favorable summary judgment after finding that its reservation of rights letter was insufficient....more

Rumberger | Kirk

4th DCA Reinforces Burden is on Plaintiff to Prove Actual or Constructive Notice in Slip and Falls

Rumberger | Kirk on

A recent Fourth District Court of Appeal ruling illustrates how defendants in premises liability cases can posture themselves for success at the summary judgment stage by implementing and complying with comprehensive...more

Tucker Arensberg, P.C.

Pennsylvania Superior Court Upholds Entry of Summary Judgment In Favor of Defendant In Slip And Fall Case

In a case with very good facts for the property owner, the Pennsylvania Superior Court affirmed the entry of Summary Judgment against the Plaintiff in a case filed in the Court of Common Pleas of Philadelphia County (Collins...more

McAfee & Taft

Gavel to Gavel: Summary judgment, or letting the judge do her job

McAfee & Taft on

Justice is blind, but judges are not. That is why judges are empowered, through a process called summary judgment, to decide whether a case deserves to go to trial. But while the law trusts trial judges to discern...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19359 - Persels & Associates, LLC v. Banking Commissioner - Noting that it has generally been the policy of the Courts to defer to the Legislature, especially as to the...more

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