Delaware River Interstate Bridge Shut to Assess Truss Fracture
January 26, 2017 —
Justin Rice - Engineering News-RecordThe Delaware River Bridge, which runs between Pennsylvania and New Jersey, was shut down indefinitely over the Jan. 22-23 weekend, after a large fracture was discovered in the bridge that connects the turnpikes of the two states. The fracture on a steel truss below the bridge deck on the Pennsylvania side was discovered during a routine check as part of a painting operation. Steel plates were installed to temporarily reconnect the fracture and stabilize the 1.5-mile bridge, which is located in Bucks County on I-276 and accommodates 42,000 vehicles a day. As engineers assess how the damage will impact the entire bridge, a sample from the fractured truss was sent to a forensic lab to determine the cause of the crack. A high-definition video survey is being used to monitor the bridge.
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Justin Rice, ENRMr. Rice may be contacted at
ricej@enr.com
GRSM Team Wins Summary Judgment in Million-Dollar HOA Dispute
December 17, 2024 —
Robert A. Bragalone & B. Ryan Fellman - Gordon Rees Scully MansukhaniGordon Rees Scully Mansukhani Partner Bob Bragalone and Senior Counsel Ryan Fellman won a complete summary judgment on behalf of five board members who had been added to an HOA dispute by the defendant homeowners. The GRSM team resolved the matter within just 60 days of taking over the case, bringing an end to a legal battle that had lasted more than four years.
The dispute began when the HOA, as plaintiff, filed suit against the homeowners in Denton County District Court. The HOA alleged that the homeowners had violated the HOA’s Covenants, Conditions, and Restrictions by constructing a non-conforming carport and sought a declaratory judgment to resolve the issue. In response, the homeowners filed a counterclaim and third-party petition, adding the individual HOA board members to the lawsuit. They accused the board members—who were serving in a voluntary capacity—of mishandling the dispute and filed claims against them for intentional infliction of emotional distress, negligence, and gross negligence.
Reprinted courtesy of
Robert A. Bragalone, Gordon Rees Scully Mansukhani and
B. Ryan Fellman, Gordon Rees Scully Mansukhani
Mr. Bragalone may be contacted at bbragalone@grsm.com
Mr. Fellman may be contacted at rfellman@grsm.com
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Hawaii Federal District Court Denies Title Insurer's Motion for Summary Judgment
February 01, 2022 —
Tred R. Eyerly - Insurance Law HawaiiIn a rare title insurance dispute before the federal district court in Hawaii, the court denied the insurer's motion for summary judgment while granting the insured's motion for summary judgment. First Am. Title Ins. Co. v. GS Industries, LLC, 2021 U.S. Dist. LEXIS 240601 (D. Haw. Dec. 16, 2021).
GS Industries, LLC took ownership of a parcel of real property located fronting Waipa Lane in Honolulu. The property used four buildings and a parking area for 50 cars. GS obtained a title insurance policy from First American. The policy insured GS' fee simple interest in the property in the amount of $3,500,000. The policy insured GS "against loss or damage, not exceeding $3,500,000, sustained or incurred by GS by reason of . . . not right of access to and from the land,." The policy did not identify any issues with access to the property and did not define "access."
A portion of Waipa Lane was owned by the City and County of Honolulu. Parcel 86 and Parcel 91 on Waipa Lane were privately owned. (Private Waipa Lane Parcels). Vehicular access to (ingress) and from (egress) the property was via Waipa Lane. Ingress was made via the publicly owned portion of Waipa Lane. Vehicular egress was made via the Private Waipa Lane Parcels. The City of Honolulu maintained the Private Waipa Lane Parcels and considered them to be pubic. None of the owners of Parcels 86 or 91 notified GS of their intent to block the use of Waipa Lane.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Traub Lieberman Partner Gregory S. Pennington and Associate Emily A. Velcamp Obtain Summary Judgment in Favor of Residential Property Owners
December 13, 2022 —
Gregory S. Pennington & Emily A. Velcamp - Traub LiebermanTraub Lieberman Partner Gregory S. Pennington and Associate Emily A. Velcamp obtained summary judgment in favor of their clients, owners of a residential property [the “Owners” or “Defendants”] used as a short-term rental in Beach Haven, New Jersey. Plaintiff alleged injuries resulting from a fall into an open water meter pit, located in the public sidewalk abutting the Owners’ property during the time within which the property was rented to plaintiff and his family. According to plaintiff, defendants breached their duty owed to him, relying on a Borough of Beach Haven Ordinance, thereby allowing the water meter pit to be raised in an unsafe manner, which resulted in plaintiff’s fall and subsequent injuries.
After the Court denied defendants’ initial Motion for Summary Judgment on the grounds that issues of material fact existed regarding defendants’ duty and the alleged breach of that duty, a Motion for Reconsideration was filed. Mr. Pennington and Ms. Velcamp argued that their clients, as residential landowners, owed no duty of care to plaintiff for the raised condition of the water meter pit lid, located in the abutting sidewalk, as they did not cause or contribute to the alleged condition. Defendants further argued that even if a duty of care existed, no breach occurred given the lack of notice to defendants, either actual or constructive. Plaintiff attempted to argue that defendants had constructive notice of the lid’s raised condition, relying on his expert report and the fact that defendants had 3.5 months from the date the property was purchased, to the date of the subject accident to discover the lid’s raised condition. Mr. Pennington and Ms. Velcamp successfully argued that despite plaintiff’s allegations and the findings contained in plaintiff’s expert report, authored 2 months after the alleged accident, there was still no credible, material evidence to say how long the water meter pit lid was in that raised condition to allow defendants a reasonable time to discover it, remedy it, or report it to the Borough.
Reprinted courtesy of
Gregory S. Pennington, Traub Lieberman and
Emily A. Velcamp, Traub Lieberman
Mr. Pennington may be contacted at gpennington@tlsslaw.com
Ms. Velcamp may be contacted at evelcamp@tlsslaw.com
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Super Lawyers Selects Haight Lawyers for Its 2023 California Rising Stars List
June 12, 2023 —
Haight Brown & Bonesteel LLPCongratulations to Patrick McIntyre, Kathleen Moriarty and Kristian Moriarty who have been selected to the 2023 California Rising Stars list. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law.
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Haight Brown & Bonesteel LLP
Focusing on Design Elements of the 2014 World Cup Stadiums
June 30, 2014 —
Beverley BevenFlorez-CDJ STAFFWhile Garret Murai on his California Construction Law blog admits that the construction of Brazil’s World Cup stadiums has been problematic (construction worker deaths, delays, and cost overruns), he focused on the design work: “…there’s no denying that the venues are stunning, and for a country known for its beauty as well as beauties (think the Girl From Ipanema), dare I say even sexy.”
For instance, Murai described the Estadio do Maracana (constructed in 1950 and renovated in 2013) as looking “a bit like the front of the USS Enterprise.” He goes onto explain how the stadium was originally constructed for the 1950 World Cup, and “famous” attendees include Frank Sinatra and the Pope.
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Is Solar the Next Focus of Construction Defect Suits?
June 28, 2013 —
CDJ STAFFThere’s been a rapid growth in the sale of solar panels, and that’s lead some industry observers to wonder if manufacturers have been cutting back on quality. Current use of solar is six times what it was in 2008, with more than forty percent of that in the last year. The growth shows no sign of stopping, either. The Solar Energy Industry Association expects the amount of power generated by solar to increase by more than two-thirds in 2013.
With the oversupply, some fear that companies are relaxing their quality control. The New York Times found that there were widespread problems of defective units in solar cells, chiefly those manufactured in China. The Times article noted that at two solar plants in Spain, defect rates reached 34.5 percent.
Some industry observers disagree. The Insurance Journal quoted Andy Klump, the CEO of Clean Energy Associates, a Shanghai firm that provides quality assurance in the solar industry, who said that if a business had a 34 percent failure rate, “they would be out of business in a heartbeat.” Mr. Klump described the Times article as “not realistic.”
If the Times is right, Scott Turner, a construction insurance attorney, feels that the industry should ready itself for “a wave of large lawsuits.” Turner feels that “this litigation wave could make the battles over liability and insurance coverage for Chinese drywall seem like a small claims dispute.”
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Application of Efficient Proximate Cause Doctrine Supports Coverage
January 06, 2012 —
Tred R. Eyerly - Insurance Law HawaiiRelying on the efficient proximate cause doctrine, the court determined coverage potentially existed for damage caused by water. Union Sav. Bank v. Allstate Indem. Co., 2011 U.S. Dist. LEXIS 134398 (S.D. Ind. Nov. 21, 2011).
The Tods purchased property that was mortgaged by Union Savings. The Tods obtained a Landlords Policy for the property from Allstate. When the Tods were in default on their loan, Union Savings notified them that foreclosure proceedings would commence. Union Savings sent an appraiser to the property who discovered water in the basement. Water and electricity to the building were off. Union Savings notified Allstate and later filed a formal claim under the mortgagee clause in the Landlords Policy. This clause stated, "A covered loss will be payable to the mortgagees named on the policy declaration. . . ."
Allstate denied coverage, citing exclusions for water damage.
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Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com
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