Lawrence S. Wasserman and Russell L. Porter recently obtained a dismissal of cosmetic-talc related asbestos case in the Superior Court of New Jersey, Middlesex County. We are unaware of any other similar motions which have obtained a similar dismissal in the venue.
The case, Bell v. American International Industries, et. al., Docket Number: MID-L-6527-15AS, involved claims made by a lifelong resident of North Carolina that she was caused to develop mesothelioma after being exposed to asbestos contained in our client’s cosmetic talc product. The plaintiff claimed she used this product during her longtime employment as a hairdresser in North Carolina. Continue reading
Plaintiff, a then 87 year old woman, fell on July 2, 2010 in front of the assured’s building allegedly due to a raised handle on cellar doors which our client had utilized earlier that day resulting in facial injuries, including a fractured orbit, and a fractured right elbow. She argued that our client owned the building and had opened the cellar door for a tenant on the day of the accident despite the door not having been used in the 5 years prior to the accident. Plaintiff testified that after her accident, our client’s daughter pushed the door handle down in an attempt to hide evidence of fault. Continue reading
A California Little League baseball coach Alan Beck has sued a 14-year-old he was coaching as well as the child’s parents, alleging that after getting the game-winning hit the boy tossed off his helmet as he was running toward home plate which allegedly struck Beck’s Achilles tendon and tore it.
The complaint asks for $500,000 in pain and suffering and $100,000 in lost wages and medical bills and also named the boy’s parents who have reportedly already spent $4,000 defending the action. The case has no merit and is frankly, suspicious.
Appellate Division Expands Scope of the “Emergency Doctrine”
Although the fact pattern of Pelletier v. Lahm, 2013 WL 6084204, 2d Dept., 2013 seems like it was cast from the characters in a lurid reality television show, the case appears to expand the use and scope of the emergency doctrine which in skilled hands can lead to the successful defense of an auto case even where the defendant admits to statutory negligence. Whereas the typical emergency doctrine case involves a driver attempting a defensive maneuver as a result of a car crossing into the defendant’s lane from the opposite direction, Pelletier potentially expands the doctrine to situations involving surprise and/or embarrassment relating to the antics of children and childlike adults.