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Florida Amusements, Sports and Recreation Liability July 1, 2019
The Court of Appeal reversed summary judgment on appeal when it found that the lower court incorrectly determined that the release signed by a woman killed in a restricted area of speedway barred suit. Gross negligence cannot be barred, as discussed..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Florida Health Care Liability July 1, 2019
The Court of Appeal of Florida, Third District, affirmed dismissal of an estate’s claims against a hospital where the decedent received emergency care. The Third District held that the hospital did not owe a non-delegable duty to the decedent..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Public Entity and Civil Rights Litigation July 1, 2019
The plaintiff left work when a snow storm caused an emergency early closing. She slipped on accumulated ice and snow that was un-shoveled and unsalted. The defendant was granted summary judgment because determining where to begin shoveling snow and..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Automobile Liability July 1, 2019
The plaintiff was injured in a car accident and held personal injury protection in the amount of $15,000. The standard amount in New Jersey is $250,000. The plaintiff filed a personal injury claim and wanted to include in his case evidence of..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Health Care Liability July 1, 2019
The Pro-se plaintiff appealed the trial court’s dismissal of the defendant. The trial court had dismissed the defendant because the plaintiff had failed to serve an appropriate affidavit of merit (AOM), as required by the AOM statute, N.J.S.A..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware Workers' Compensation July 1, 2019
The Board analyzed this complex medical causation issue in order to decide whether the cervical spine surgery performed on the claimant was the legal responsibility of either employer A or employer B. According to applicable law, if a claimant..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware Automobile Liability July 1, 2019
Mr. Schmelz claimed he stopped his vehicle because of a couch in the middle of the road and was then rear-ended by Martone. After Schmelz sued Martone in a personal injury claim stemming from the accident, Martone filed a third party complaint..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Health Care Liability July 1, 2019
The trial court dismissed the plaintiff’s case for failure to provide a timely notice of tort claim. On appeal, the Appellate Division reversed the trial court’s decision, finding that “extraordinary circumstances” existed..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
Delaware Workers' Compensation July 1, 2019
The crux of the claimant’s argument on appeal was that the Board failed to act on implicit authority granted in the Act because of its mistaken belief that they could not grant reimbursement for tolls and parking incurred in the claimant..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...
New Jersey Fraud/Special Investigation July 1, 2019
The court in part dealt with the defendant’s motion for summary judgement as to a corporate officer’s liability for insurance fraud. The defendant asserted that since the court denied the plaintiff’s claim to pierce the corporate..., Case Law Alerts, 3rd Quarter, July 2019 Case Law Alerts is prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent developments of interest to our readers. This publication is not intended to provide legal advice...

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