Publications
Court upheld applicability of "regular use exclusion" in UIM motorist case where driver regularly used vehicle within the scope of his father's permission.
The Superior Court upheld the applicability of a "regular use exclusion" in an underinsured motorist case involving a drunk driver. The plaintiff was operating his father's vehicle at the time of the accident but resided with his mother.
Case Law Alert - 1st Quarter 2013
UIM selection/rejection form, when taken as a whole, did not manifest a knowing intentional desire to purchase reduced UIM coverage; thus, higher limits applied.
The Eastern District Court of Pennsylvania considered whether an insured's underinsured motorist coverage was $35,000 or $100,000 following a motor vehicle accident.
Case Law Alert - 1st Quarter 2013
Court permitted insurer to compel plaintiff to undergo a second IME where good cause was shown.
The Lackawanna County Court of Common Pleas considered a motion to compel the plaintiff to undergo a second IME.
Case Law Alert - 1st Quarter 2013
Claims for defective design, failure to warn, breach of implied or express warrant of merchantability and bystander trauma.
Claims for defective design, failure to warn, breach of implied or express warrant of merchantability and bystander trauma on behalf of minor plaintiff's father.
Case Law Alert - 1st Quarter 2013
Equitable tolling restrictions and proximate causation.
Consolidated cases seeking review of jury verdicts in cases against defendants Hoffman-La Roche, Inc. and Roche Laboratories, Inc. ("Roche"), manufacturers of the prescription drug Accutane. The plaintiffs were residents of Florida.
Case Law Alert - 1st Quarter 2013
Burden of proof.
The plaintiffs appealed dismissal of their product liability suit at the close of their case. The panel affirmed, finding that the plaintiffs' expert rendered net opinions regarding two alleged defects.
Case Law Alert - 1st Quarter 2013
Strict Liability.
The plaintiff was employed by the Atlantic City Streets Division. He was injured while cleaning a spreader attached to a salt truck. The plaintiff sued Thiele Manufacturing (truck manufacturer) on a strict liability theory.
Case Law Alert - 1st Quarter 2013
Suit against beam manufacturer and City of Long Beach may go forward.
The mother of a child who fractured her arm when she fell from a horizontal beam with a rounded top in a Long Beach playground may go forward with her suit against the beam's manufacturer and the City of Long Beach, even though the beam was no
Case Law Alert - 1st Quarter 2013
The plaintiff's motion for summary judgment granted on the question of liability through the use of the doctrine of res ipsa loquitur.
The plaintiff's motion for summary judgment granted on the question of liability through the use of the doctrine of res ipsa loquitur.
Case Law Alert - 1st Quarter 2013
Failure-to-warn.
Sherriff's deputy Kandt suffered vertebral compression fractures, permanent burns and short-term memory loss in 2007 while training in the use of Taser International Inc.'s model X26 electronic control device.
Case Law Alert - 1st Quarter 2013