In Applying Pennsylvania Law, the Court Held That Determination of Whether a Dangerous Condition is Obvious and Avoidable by the Exercise of Ordinary Care is Generally a Question of Fact Reserved for the Jury.

In this diversity jurisdiction matter, the plaintiff alleged that she suffered injuries after tripping and falling on a partially empty black pallet or “stack base” while shopping in the defendant’s store. Prior to the incident, the plaintiff had walked past the pallet approximately four times. The incident occurred when the plaintiff, while attempting to allow a stock cart (pushed by an employee of the defendant) pass her, backed up and tripped on the pallet behind her. The defendant filed a…
By: Marshall Dennehey

In Applying Pennsylvania Law, the Court Held That Determination of Whether a Dangerous Condition is Obvious and Avoidable by the Exercise of Ordinary Care is Generally a Question of Fact Reserved for the Jury.

District Court Makes Interesting Observations Regarding Evidence of Industry Standards and Alternative Designs in Ruling on Motion to Preclude Experts.

Apple issues emergency patches for spyware-style 0-day exploits – update now!