Michael Edward Giordano

The plaintiff moved to amend her claim to continue the action under the simplified procedure, which would require striking the defendant’s jury notice.

The defendant opposed, arguing prejudice if deprived of a jury trial and that the trial would exceed the five-day limit of the simplified rules.

The court found the trial could be completed within five days with proper management and that striking the jury notice would not cause non-compensable prejudice.

The court ordered the action to proceed under the simplified procedure, struck the jury notice, and awarded costs to the plaintiff.

The defendant Church brought a motion for summary judgment to dismiss a slip and fall claim by the plaintiff, who suffered injuries in the Church's icy parking lot.

The Church argued it had a reasonable winter maintenance system and that the plaintiff willingly assumed the risk.

The court dismissed the motion, finding genuine issues requiring a trial regarding whether the Church breached its duty of care under the Occupiers' Liability Act and whether the plaintiff's actions constituted a willing assumption of risk under the narrow interpretation of the volenti doctrine.

The plaintiff brought a civil action under the Dog Owners’ Liability Act after a dog owned by the defendants jumped on her in a parking lot, causing puncture wounds and scratches.

The defendants admitted ownership of the dog but disputed that the injuries were caused by a bite, asserting the dog was muzzled at the time.

The court held that liability under the Dog Owners’ Liability Act is strict once a bite or attack is established and that the defendants, as owners, were jointly and severally liable for damages resulting from the attack.

However, the court found insufficient evidence to conclude that the injuries were caused by a bite rather than by the dog’s paws or claws.

Based on comparable case law and the limited evidence of injury, the court awarded modest general damages and declined to find contributory negligence.