Verdicts

Berkeley Heights Partner Mishky Receives Favorable Jury Verdict

Berkeley Heights Partner Emery Mishky received a favorable jury verdict following a six day jury trial before the Superior Court of New Jersey, Law Division, in Morris County, New Jersey.  The premises liability case against Margolis Edelstein's client, a retail supermarket, involved...

Defense Verdict for Michael Badowski in Pediatric Med-Mal Case

This case involved an alleged negligent failure to timely diagnose low grade intramedullary fibrillary astrocytoma spinal tumor in a female infant resulting in severely permanent neurological impairments. Future life care expenses were black boarded at $3,600,000.   The named...

Third Circuit Predicts PA Law on UIM Statute of Limitations

In State Farm v. Rosenthal, the Third Circuit was asked to review an insurer's declaratory judgment action against an insured alleging that his underinsured motorist claim was time barred by Pennsylvania's four-year statute of limitations on contract claims. In Rosenthal, the Third Circuit...

Western District Court Rejects Challenge to Searfoss, Validates Rental Agreement Precluding Coverage for Violation of a Use Restriction

Judge Diamond issued an opinion in Martell v Palmer, et al.,  Civil Action 01-1071, USDC WDPA,  rejecting State Farm's attempt to challenge or distinguish Searfoss v Avis Rent-A-Car Systems, Inc., 503 A.2d 950 (PA. Super. 1986). Our client, Budget Rent-A-Car...

Superior Court Affirms Summary Judgment for Property Owner

Pittsburgh partner Miles A. Kirshner represented the property owner defendant in Ziacik v. Connocchia, which arose from a trip and fall on an uneven residential sidewalk.  Plaintiff acknowledged that the condition in question was open and apparent and seen by her prior to her fall. ...

Judgment on the Pleadings – Full Time Rental Not Covered Under HO 03

 An older insured individual sought to divest himself of assets by deeding the family home to his son, and then renting the home via a written annual lease to another individual.  A third party was injured on the premises, while a guest of the tenant.  An underlying action was...

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