The Fifth DCA reversed summary judgment in a slip-and-fall case, holding that a commercial landlord who retained exclusive authority to access the roof owed a duty of reasonable care to investigate a reported leak, even though the lease assigned vent maintenance to the tenant.
The Sixth DCA reversed summary judgment in favor of a maintenance contractor on Walgreen’s contractual indemnity crossclaim, finding genuine issues of material fact regarding whether the contractor’s negligence triggered the indemnity provision.
The Fourth Department affirms a discovery order directing disclosure of certain records in a motor vehicle injury case while declining to extend an IME examination or compel Medicaid billing records.
The Fourth Department affirms denial of defendants’ motion to bifurcate liability and damages in a motor vehicle accident case, finding the trial court properly exercised its discretion.
The Fourth Department held that Dryden Mutual’s wrongful coverage disclaimer was an anticipatory repudiation excusing the insured from forwarding suit papers, barring the insurer from challenging the $2.8 million default judgment in a § 3420 direct action, and requiring reinstatement of bad faith claims under the Pavia “gross disregard” standard.
The Fourth Department affirmed dismissal of a snow tubing personal injury claim against the State, holding that hitting a snow pile at the base of a hill was a foreseeable consequence of recreational sledding encompassed by the primary assumption of risk doctrine, and that the open and obvious snow piles did not unreasonably enhance that risk.
The Fourth Department reversed Supreme Court and granted a construction worker partial summary judgment under Labor Law § 240(1) after a CSL Plasma employee duct-taped tube socks over an A-frame ladder’s feet to protect newly installed tile, causing the ladder to slide and injuring the plaintiff.
The Fourth Department affirmed denial of Casella Waste Management’s motion to dismiss third-party claims arising from a fatal bulldozer accident, holding that the asset purchase agreement did not conclusively negate the Schumacher “mere continuation” and “merger” exceptions to successor corporate liability.
The Fourth Department affirmed denial of a homeowner’s motion for summary judgment dismissing third-party claims after a temporary basement staircase collapsed, holding that the homeowner’s instruction to use as few fasteners as possible raised triable questions about whether he created the dangerous condition.
California Court of Appeal affirms $24.7 million jury verdict against a foster family agency, holding that an FFA’s duty of care requires liability where it knew or should have known of a foster parent’s risk of sexual abuse, applying the Rowland v. Christian factors to adopt a constructive knowledge standard.