Download PDF

News & Events

NRRDA February Newsletter…


If you are not already a NRRDA member, here is how you can join this list of growing restaurant and retail professionals working together to reduce and manage the claims in our industry.




Assault & Battery Exclusion Results in no Coverage


Submitted by Joe Hassinger


Galloway, Johnson, Tompkins, Burr & Smith






Wagner v. Inn of Lake Charles and USF Insurance Company, 2010 WL 4318877 (La. App. 3 Cir. 11/3/10). A guest was assaulted in his hotel room and brought suit against the hotel and its CGL carrier, alleging that owners failed to warn him of the dangers associated with high crime rate on the premises, failed to protect him from or warn him of a known threat and failed to provide adequate security. The carrier was named as a defendant pursuant to the Louisiana Direct Action Statute, La. R.S. 22:655, which permits a tort victim to name the tortfeasor’s liability insurance carrier as a party-defendant.




To read this article in its entirety, Click Here.




Case Study: Investigating Slip and Fall due to Lack of Lighting


By:  Gavin D. O’Hare


CED Investigative Technologies Inc.




Recently, an engineering expert was retained by counsel concerning a slip and fall case. After a long day of work, the plaintiff returned late to her condominium complex. During the day, the condominium complex owner arranged for a construction company to replace a piece of the walkway on a ramp in front of the plaintiff’s unit with new concrete. The construction company removed the old and degraded piece but did not have time to install the new piece of concrete. At approximately 10:30 p.m., while walking to the condominium, the plaintiff fell, causing severe injuries.


To read this article in its entirety, Click Here.





Client Trounces Claim of Unreasonably Dangerous Condition


Submitted by Joe Hassinger


Galloway, Johnson, Tompkins, Burr & Smith




Bias v Scottsdale Insurance Company, 2010 WL 4482105 (La. App. 3 Cir. 11/10/10). Plaintiff slipped and fell in a restaurant parking lot in Evangeline Parish, Louisiana. He asserted that 10-20 pieces of pea gravel in the client’s parking lot constituted an unreasonably dangerous condition sufficient to establish liability under Civil Code Article 2317.1.  The trial court granted summary judgment in favor of our client and the Court of Appeal affirmed, reasoning that “property owners are not insurers of the safety of visitors, but only owe a duty to keep their premises in a safe condition for use in a manner consistent with the purposes for which the premises are intended.




To read this article in its entirety, Click Here.







By:  Jerry R. Newman Esq. Kopka, Pinkus, Dolin & Eads


Submitted by Robert Kopka, Esq.  Kopka, Pinkus, Dolin & Eads




Michigan law generally does not provide workers’ compensation benefits for employees who experience “level floor” or “idiopathic” falls while at work. Simply put, not everything that happens at work is compensable, especially when there is a personal element to an injury.




To read this article in its entirety, Click Here.




Slip and Fall in a Grocery Store Results in Narrowing of Connecticut’s Mode of Operation Rule


By:  Attorney Cheryl Cassella of  Howd and Ludorf


Submitted by Christopher Vossler of Howd and Ludorf




It was only recently in Kelly v. Stop and Shop Inc. (2007) that the Connecticut Courts adopted the “mode of operation rule” of premise liability, allowing a business invitee who is injured by a dangerous condition on the premise to recover without proof that the business had actual or constructive notice of that condition.  This “mode of operation” rule is applicable in a premise liability case if the business’ chosen mode of operation creates a foreseeable risk that the condition will regularly occur and the business fails to take reasonable measures to discover and remove it. [1]


To read this article in its entirety, Click Here.  

One Stop at the Store, the Next Stop the Courthouse


By:  Peter Lind and Lindsey Woodrow


Waldeck & Lind




We have all done it-a quick stop at a local store to pick up that one item before you head home.  Usually a mundane event, but not for Michael Udofot who stopped by the Seven Eights Liquor store to pick up some beer.  For Mr. Udofot, that quick stop turned into a claim against Seven Eights Liquor for negligent hiring, supervision and retention; premises liability negligence; and a 42 U.S.C. § 1981 claim for discrimination by denying Mr. Udofot’s opportunity to contract with Seven Eights Liquor.




To read this article in its entirety, Click Here.




“Wet floor” Sign but no Wet Floor


By Joe Hassinger


Galloway, Johnson, Tompkins, Burr & Smith




Is a Wet Floor Sign itself a Hazard?


Plaintiff fell on a wet floor sign that was left in place, in a congested area of the store, long after the floor had dried. The sign had supposedly collapsed or fallen before plaintiff tripped/slipped on it. The trial court dismissed the claim, but the US 5th Circuit overturned the dismissal and remanded the case for trial, finding that the jury must determine whether the sign created an unreasonable risk of harm and whether the retailer failed to exercise reasonable care.




To read this article in its entirety, Click Here.









Submitting an Article for the Newsletter




NRRDA is dedicated to providing its members with updates of nationwide developments and trends relevant to the retail and restaurant industries.  We encourage you to bring such developments to our attention by submitting a summary of or article pertaining to such developments.  Please forward your proposed submissions to Beth Boggs, c/o NRRDA at




What is NRRDA?


NRRDA is an independent, non-profit, networking association of legal and claims professionals in the retail and restaurant industries. Membership in NRRDA places you at the forefront of the development of strategies to reduce the number and severity of claims, manage common risks, and enhance our defense position in litigated matters.