District Court ruled plaintiff’s claim of negligent hiring, retention, training and supervision against Uber failed as matter of law due to failure to plead with specificity facts alleging Uber’s notice of driver’s propensity to engage in alleged conduct.

Westchester
Rideshare Liability
The plaintiff alleged that on an Uber trip, intended to take the plaintiff from Philadelphia to Connecticut, the driver engaged in heinous conduct, including sexually suggestive comments, threats, ordering the plaintiff out of the vehicle on the N Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

County court rules in favor of plaintiff regarding defendant’s use of Budget Neutrality Adjustor in calculating reimbursement made for plaintiff.

Fort Lauderdale
Personal Injury Protection (PIP) Litigation
This suit was for allegedly underpaid PIP benefits. ISO Diagnostic Testing billed seven units of CPT code 95851. United Auto reimbursed these codes utilizing the 2007 Limiting Charge rate. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

New Jersey court reviews No-Fault Law’s language and finds that there was nothing preventing an arbitrator from hearing common law fraud, unjust enrichment and RICO claims.

Mount Laurel
Fraud/Special Investigation
The defendants (a series of medical providers) filed a motion to dismiss, arguing that the plaintiff’s common law fraud, unjust enrichment and RICO claims should be decided via arbitration. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

New York court affirmed trial court’s denial of plaintiff’s motion for summary judgment and held that a party should be afforded a reasonable opportunity to conduct discovery prior to determination of motion for summary judgment.

Harrisburg
Automobile Liability
The plaintiff commenced a personal injury action following a motor vehicle accident. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

Fourth District Court of Appeals affirms trial court ruling that assignee’s pre-suit demand letter was not precise as to amount claimed to be due for treatment of insured, as required by 627.736(10).

Fort Lauderdale
Personal Injury Protection (PIP) Litigation
This controversy was brought on an appeal before the Fourth District Court of Appeals due to the lower court ruling that Chris Thompson, P.A.’s (Thompson) demand letter was not statutorily compliant because it did not put Geico on proper notice of Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

The stand-alone, small link to the Terms and Conditions page of defendant’s website did not suffice to waive the plaintiff’s constitutional rights.

Roseland
Amusements, Sports & Recreation Liability
The plaintiff signed a membership agreement that did not contain an arbitration provision. The defendant gym’s website contained a small link to its Terms and Conditions, which contained an arbitration clause. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

New York Supreme Court determines that tenant of a property is not liable for plaintiff’s Labor Law § 240 and Labor Law § 241 claims because tenant did not exercise any control over plaintiff’s work.

New York
New York Construction & Labor Law
An individual working for a subcontractor fell while at Cobblestone Restaurant, which was owned by Encore and operated by Cobblestone. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

Delaware Superior Court grants plaintiff’s motion for new trial because the evidence of record demonstrated plaintiff sustained a compensable injury, obligating the jury to award plaintiff some amount of monetary damages.

Harrisburg
Automobile Liability
Although the defendant admitted to liability for a motor vehicle accident, he strongly contested the plaintiff’s injury claim. At trial, the plaintiff presented evidence of her injuries through experts, medical records and photographs. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More
Subscribe to