Palka v. Village of Ossining

The Appellate Division, Second Department recently reaffirmed the longstanding principle that a plaintiff cannot raise a new theory of liability in opposition to a motion for summary judgment if that theory is not contained within the complaint or bill of particulars. Notably, the Court did not allow the plaintiff to amend the pleadings on appeal, even though such leave is freely granted in New York.

Verdugo v. Target Corp.

The California Supreme Court issued an opinion in Verdugo v. Target Corp. (June 23, 2014, S207313) ___ Cal.4th ___ , analyzing whether “the common law duty of reasonable care that common law duty of care to its customers does not include a duty to acquire and make available an AED for use in a medical emergency.” (Ibid.)

Ochoa v. Dorado (July 22, 2014, B240595) ___ Cal.App.4th ___

The California Court of Appeal, Second Appellate District, Division Three (Los Angeles), issued an opinion in Ochoa v. Dorado (July 22, 2014, B240595) ___ Cal.App.4th ___, analyzing the issue of damages for past medical expenses. The court concluded “that (1) unpaid medical bills are not evidence of the reasonable value of the services provided and (2) no expert witness declaration is required for a treating physician offering an opinion based on facts acquired in the physician-patient relationship or otherwise acquired independently of the litigation, including, to the extent it is otherwise admissible, an opinion on reasonable value.” (Slip opn., p. 2.)

Recently the Nevada Supreme Court declined to extend the “primary assumption of the risk” doctrine used in sporting context to injuries suffered by an invitee at the Palms Casino Sports Book who was injured when a promotional model was tossing out free souvenirs.

New York Labor Law § 240(1), commonly referred to as the Scaffold Law, provides that “all contractors and owners and their agents, except owners of one and two-family dwellings who contract for, but do not direct or control the work, in the erection, demolition, repairing, altering, painting, cleaning or pointing of a building or a structure shall furnish or erect, or cause to be furnished or erected for the performance of such labor, scaffolding, hoists, stays, ladders, slings, hangers, blocks, pulleys, braces, irons and other devices which shall be so constructed, placed and operated as to give proper protection to a person so employed.”

Case: Willis v. Allstate Ins. Co.,
           Federal Court for the Southern District of Mississippi
           2014 U.S. Dist. LEXIS 64963

Case: Holden v. U.S. United Ocean Servs., L.L.C.
          United States Court of Appeals for the Fifth Circuit (Louisiana)
          2014 U.S. App. LEXIS 15954

Case: United National Insurance Company v. AMJ Investments, LLC
          Texas Court of Appeals
          2014 Tex. App. LEXIS 6969

Case: Indem. Ins. Co. v. W & T Offshore, Inc.
           United States Fifth Circuit Court of Appeal (Texas)
           2014 U.S. App. LEXIS 11775