Nicole Jackson secured Summary Judgment for an insurer on a first party Breach of Contract claim.
Jay Kennedy served as a Panelist and Lecturer for PBI’s CLE Presentation Premises Liability Litigation 2022.
Nicole Jackson was successful in securing Summary Judgment for her client a school district who was sued for injuries allegedly caused by the Plaintiff slipping on a freshly mopped floor. Jackson was successful in demonstrating that although the School District owned the real estate, the School District subcontracted the maintenance of the property to a third party, and per Supreme Court case law, and the plain language of the Political Subdivision Tort Claims Act, the school district cannot be held liable for the negligent conduct of third parties.
Jay Kennedy and Nicole Jackson secured Summary Judgment on behalf of their client, a school district who was sued by a student who’s hand came into contact with a sand blast sander. Kennedy and Jackson were successful in convincing the Court that the student was injured by a piece of personality that was not affixed to the property in any way, therefore, the real property exception to immunity could not be applied. Therefore, the school district was immune from suit.
Jay Kennedy and Nicole Jackson secured Summary Judgment on behalf of their client, a school district who was sued by a student who claimed significant orthopedic injuries allegedly caused by her tripping over a football blocking sled that was positioned partially inside a jogging track lane. Jackson and Kennedy were successful in arguing that the minor plaintiff was injured by coming into contact with a piece of personality and not as a result of negligent care custody and control of real property owned by the school district. Therefore, the real property exception to immunity under the Political Subdivision Tort Claims Act was inapplicable.
Jay Kennedy and Nicole Jackson secured Summary Judgment on behalf of their client, a school district who was sued by a student who claimed significant injuries when his wrist came into contact with a metal shelf in a rest room. Kennedy and Jackson were able to persuade The Court that their client should not be held liable for an alleged dangerous condition of a fixture that was easily removable from the property under the real property exception to the Political Subdivision Tort Claims Act.
Jay Kennedy served as a Panelist and Lecturer for PBI’s CLE Presentation Premises Liability Litigation 2020.
Tom Grace was nominated to be a Pennsylvania Super Lawyer for the 13th consecutive year.
Nicole Jackson was successful in obtaining Judgment on the Pleadings while successfully defending multiple school district administrators against allegations of failure to protect against student on student bullying.
Jay Kennedy was able to obtain dismissal of all claims against an Intermediate Unit land-owner, with no settlement monies paid on its behalf, stemming from a negligence claim made by a bicyclist who fell off of a steep embankment while biking on the property.
Jay Kennedy secured a voluntary dismissal with no settlement monies paid in an arbitration appeal jury matter by successfully navigating the FERCA privacy interests of a student involved in a tripping incident during recess on a playground. Jay was able to successfully demonstrate to the Court that Plaintiff was tripped by a student, and not as a result of a defective pavement through eyewitness statements while protecting the FERCA privacy interests of all students involved, while working in conjunction with the School District Solicitor and Superintendent.
Jeff van der Kwast secured a defense verdict in an uncontested liability Limited Tort matter after a 4 day jury trial.
Tom Grace was nominated as a Pennsylvania Super Lawyer for the 12th consecutive year.
Jay Kennedy secured a Summary Judgment decision in favor of his client, a school district who was sued by a local township seeking common law and contractual indemnity for a trip and fall claim on property owned by the school district and leased to the township.
Tom Grace was nominated as a Pennsylvania Super Lawyer for the 11th consecutive year.
Grace & Kennedy, P.C. is pleased to announce that Jeffery van der Kwast will be joining the firm as a Partner. Jeff is licensed to practice in Pennsylvania New Jersey and Delaware.
Nicole Jackson was successful in securing the dismissal of a Community College via motion practice from a suit involving a man who suffered burn injuries while servicing a cyrogenic tank filled with nitrogen gas.
Jay Kennedy recently presented as a panelist for PBI's CLE seminar on Slip and Fall Liability.
Nicole Jackson was successful in securing the voluntary dismissal and withdraw of all claims made against a Montgomery County School District via Motion on the Pleadings practice, using a recent appellate court decision which analyzed the real property exception of the Political Subdivision Tort Claims Act in relation to foreign substances on the surface of the school district's real estate. For questions related to this case, please contact Nicole Jackson.
Jay Kennedy recently successfully argued in front of the Third Circuit Court of Appeals on behalf of a Delaware County school district that had been sued for state created danger Section 1983 claims as well as inadequate security claims. The Third Circuit panel upheld the Eastern District's ruling in favor of the School District which dismissed all claims against the school district. For a copy of the Opinion, please contact Jay Kennedy.
Jay Kennedy was successful in securing the dismissal of all claims against a Chester County School District through 12(b)(6) Motion practice. Plaintiffs' claims of state created danger, Section 1983 and Title IX violations were dismissed with prejudice. For a copy of the Opinion, please contact Jay Kennedy.
Jay Kennedy was successful in securing the dismissal of all claims via motion practice brought against a Delaware County school district stemming from allegations of excessive force, constitutional violations, Section 1983 claims and inadequate training. For a copy of the Opinion, please contact Jay Kennedy.
Tom Grace was named a Pennsylvania Superlawyer for the 11th consecutive year. It is an honor that is bestowed on less than 2.5% of all practicing attorneys in Pennsylvania.
Grace & Kennedy, P.C. is pleased to announce that Nicole Jackson has recently joined the firm as an associate. Ms. Jackson is a graduate of the Delaware Law School of Widener University. Her practice will focus on the representation of municipal and corporate entities in Pennsylvania and New Jersey.
Tom Grace was named a Pennsylvania Superlawyer for the 10th consecutive year, and Jay Kennedy was named a Pennsylvania Superlawyer Rising Star for the 8th consecutive year.
Jay Kennedy was successful in securing Summary Judgement for a local school district that had been sued by a high school football player who allegedly sustained concussions while competing in a football game. Plaintiff alleged 1983 claims on state created danger grounds. For a copy of the Eastern District of Pennsylvania decision, please contact Jay Kennedy at jkennedy@gracekennedylaw.com.
Tom Grace celebrated the 25th anniversary of his date of admission into the American Board of Trial Advocates (ABOTA).
Tom Grace celebrated the 32nd anniversary date of his membership within the International Association of Defense Counsel (IADC).
Jay Kennedy was successful in securing the dismissal of a student's claim of inadequate security, and Section 1983 State Created Danger claims against a local school district.
Jay Kennedy recently served as a panelist and guest lecturer at PBI's CLE symposium regarding slip and fall liability.