Spoliation Schaeffer v. Universal Scaffolding & Equipment, LLC In action alleging that plaintiff was injured when defective piece of scaffolding struck him on his head, Dist. Ct. did not err in granting defendant-manufacturer’s motion for summary judgment, where: (1) plaintiff failed to produce actual defective piece; and (2) plaintiff could only produce witnesses to state Read More »

Negligence Blasius v. Angel Automotive, Inc.  Dist. Ct. erred in granting defendant’s motion for summary judgment in action alleging that defendant was negligent in performing certain repairs/upgrades on plaintiff’s truck that caused said truck to catch fire. While Dist. Ct. found that plaintiff could not prove causation where his expert did not state that fire Read More »

Tort Immunity Act Barr v. Frausto Plaintiff filed suit for negligent property maintenance for damages for injuries he sustained on City property when he stepped into a hole on a grass-covered parkway and fell. Court properly granted summary judgment for City. City did not have actual notice of hole in parkway. For purpose of Section Read More »

Insurance Lend Lease (US) Construction, Inc. v. Administrative Employee Services, Inc., Nos. 16-1294 & 16-1739 Cons. (October 20, 2016) N.D. Ill., E. Div. Affirmed Dist. Ct. did not err in dismissing plaintiff’s action seeking reimbursement for $500,000 deductible that it paid for workers’ compensation benefits arising out of injuries that four of defendants’ workers sustained Read More »

41 Fla. L. Weekly D2413aTop of Form Insurance — Uninsured motorist — Venue — Forum selection clause — Trial court erred in denying defendant insurer’s motion to dismiss claim for uninsured motorist benefits based on improper venue where endorsement to policy contained mandatory forum selection clause providing that any lawsuits related to coverage shall be Read More »