MKCI PA Obtains Defense Verdict in Bench Trial

On September 18, 2023 MKCI Partner Chris Hillsley, with the support of Senior Associate Dave Snyder and MKCI’s PA office, obtained a defense verdict on behalf of a residential property contractor in the Philadelphia suburb of Delaware County. MKCI’s client originally brought a claim against the defendant homeowners for breach of contract for failure to pay outstanding invoices.
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MKCI Successfully Defends Appeal of Summary Judgment in Premises Liability Case

MKCI’s Robert Connor and our Syracuse, NY team successfully opposed Plaintiff’s appeal of a prior summary judgment win in a premises liability claim. Plaintiff brought the underlying action against a property owner and tenant asserting damages from an alleged trip and fall on a portion of a public sidewalk which had been excavated during a renovation.
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Kylie Brown Obtains Bench Trial Defense Verdict in First Trial

MKCI congratulates Hartford, CT attorney Kylie Brown on obtaining a defense verdict at the conclusion of her first ever trial! A bench trial was conducted in Meriden Superior Court. Plaintiff brought a product liability claim seeking damages for injuries allegedly sustained from candy purchased at Defendants’ store.
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MKCI Obtains Summary Judgment in Comparative Negligence Motor Vehicle Matter

MKCI Attorneys George W. Collins, Jr. and Angela Ponto recently successfully obtained Summary Judgment for our client in the Supreme Court of New York, Erie County. The Plaintiff in this action brought suit for injuries sustained in a motor vehicle accident, alleging that it was caused by our client’s driving at an excessive speed and failing to take appropriate evasive action in a timely fashion, which was also the subject of a cross-claim by a co-defendant.
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Supreme Court Update – Pennsylvania Registration Law Imposing Jurisdiction on Out-of-State Companies Upheld

On June 27, 2023, in a highly anticipated ruling in the case of Mallory v. Norfolk S. Railway Co. (case number 21-1168), the United States Supreme Court upheld a unique Pennsylvania state registration law that obligates out-of-state companies to appear in Pennsylvania courts to answer any cause of action against them when the company registers to conduct business within the state.
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“Borrowed Employee” Test is a Question of Fact for a Jury, NJ Supreme Court Rules

On June 5, 2023, New Jersey’s Supreme Court issued a decision in the case of Pantano v. New York Shipping Association, addressing the common law “borrowed-employee doctrine,” which arises in cases where a borrowed or loaned employee’s negligence is asserted to have caused harm to a third-party, and a plaintiff asserts vicarious liability against the borrowed employee’s original – or “general” employer.
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New York’s Appellate Division, Third Department, Finds Duty to Prevent Alleged Rape by Fraternity Member

According to New York’s Appellate Division, Third Department, the University of Rochester (“University”) would have a common law duty to take appropriate responsive action against “credible reports of ongoing and pervasive criminal conduct against students, perpetrated on campus by other students within the university’s control.” Rebekah Brown v. University of Rochester, et al. (N.Y. App. Div. 3d Dep’t, May 18, 2023).
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MKCI Obtains Dismissal of Labor Law Action Based on Sole Proximate Cause Defense

Robert Connor and MKCI’s Syracuse Office recently obtained a dismissal of a case involving labor law claims in its entirety through summary judgment. Plaintiff brought this action against two defendants, a property owner and general contractor, under Labor Law §§ 200, 240(1), and 241(6), asserting damages resulting from an alleged fall from a ladder while performing sheet metal work on a roof during a renovation project. Plaintiff’s injuries included multiple fractures to the right leg and alleged ongoing leg, neck, and back pain as a result of the fall.
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