Skip to Content

COVID-19 Update: MSZL&M to remain in operation as normal during this time. Read More      Close

COVID-19 Update: MSZL&M to remain in operation as normal during this time. Read More      Close

(Trenton, NJ, March 30, 2012) Following an oral argument before the Appellate Division of the New Jersey Superior Court, the Appellate Court affirmed on all grounds a defense verdict obtained by MSZLM for its client following a two-week jury trial in Middlesex County, NJ.. In the case, LeSage v. J. C. Penney Company, Inc., plaintiff claimed that while driving to a coin show, he stopped […]
PA SUPREME COURT RULES THAT UNINSURED DRIVERS CAN SUE IN TORT FOR ECONOMIC DAMAGES (PHILADELPHIA, PA – February 21, 2012) In a landmark decision, The Pennsylvania Supreme Court recently issued an opinion, settling unclear lower court decisions, and ruling that an uninsured driver in Pennsylvania who is injured in a motor vehicle accident may sue an insured driver for economic damages.              In Corbin v. […]
Below is an update to our recent article on admissibility of helmet non-use in personal injury cases. Pennsylvania Courts Continue to Have Differing Views on Admissibility of Helmet Non-Use While National Highway Traffic Safety Administration (NHTSA) studies and reports have repeatedly documented that motorcycle helmets reduce the severity of head injuries, Pennsylvania courts still have differing views as to the admissibility of helmet non-use at trial. […]
PA SUPERIOR COURT CLARIFIES SCOPE OF REQUESTS FOR ADMISSIONS AND GROUNDS FOR WITHDRAWAL OF ADMISSIONS  (PHILADELPHIA, October 19, 2011) The Pennsylvania Superior Court has disapproved the use of requests for admissions to turn legal conclusions and opinions into fact, and has encouraged trial courts to permit the withdrawal of opinions under certain circumstances. In Estate of John W. Borst v. Edward Stover Sr. Testamentary Trust,  30 […]
Automatic Doors Not Required in Commercial Establishments    In Bellamy v. Wells Fargo Bank, N.A., the plaintiff fell in the entryway of a Wells Fargo Bank (“Wells Fargo”) branch on August 26, 2011 and claimed serious personal injuries. The plaintiff, who uses a walker to ambulate, alleged that Wells Fargo was required to have automatic doors at the premises.  At the close of discovery, MSZL&M […]
UNITED STATES SUPREME COURT RULES THAT GENERIC DRUG WARNING / LABELING CASES ARE PREEMPTED BY FEDERAL LAW On June 23, 2011, the Supreme Court of the United States held in Pliva v. Mensing, 131 S.Ct. 2567 (June 23, 2011) that State Law failure-to-warn labeling claims against generic drug manufacturers are preempted by Federal Law.              The Court’s decision was based upon impossibility of performance—“it was impossible […]
NEW JERSEY SUPREME COURT RULES THAT INJURED DRUNK DRIVERS MAY SUE BARS THAT FURNISHED THEM ALCOHOL  (TRENTON, NJ,  June 2, 2011) – The New Jersey Supreme Court has issued an Opinion holding that despite a prohibiting drivers convicted of DWI from recovering in tort for injuries, a drunk driver may recover for injuries against a bar establishment that improperly furnished them alcohol, under New […]
The Duty of Businesses to Shield Invitees From Harm The law in torts holds that there is a duty on the part of businesses to shield their invitees from harm.  This duty requires that the business owner take reasonable measures to prevent foreseeable harm to its invitees.  Troxel v. Iguana Curtina, LLC, 29 AD3d at 1048 (MD 2011). The scope of liability of landowners has […]
Mintzer Sarowitz Zeris Ledva & Meyers, LLP is pleased to announce that Alexander Krasnitsky and Brian Eves have been named as partners in the firm. Attorney Krasnitsky works in our Cherry Hill, New Jersey office. He joined the firm in 2006 and specializes in civil trial practice, premises liability, automobile & first-party litigation, commercial transportation, subrogation and professional liability. Attorney Eves works in our […]
The Employer’s Duty to Provide a Safe Work Environment Every day employees of companies large and small are potentially subject to acts of workplace violence.  Pursuant to the common law, employers have no duty to protect their employees from harm in the workplace.  However, employers and the insurance carriers who insure them must be aware that New York State laws and federal regulations require […]