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Appellate Court Denies Late Notice of Claim in Mass Transit Injury Case for Lack of Extraordinary Circumstances

Westchester
Trucking & Transportation Liability
April 1, 2025
In an encouraging adherence to procedural rules, a New Jersey appellate court denied an application to file a late notice of claim when the plaintiff failed to show extraordinary circumstances. Case Law Alerts, 2nd Quarter, Apri
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Appeals Court Upholds Sovereign Immunity, Dismisses PIP Reimbursement Suit Against School Board

Westchester
Trucking & Transportation Liability
April 1, 2025
An insurance carrier sought reimbursement for PIP benefits paid following a school bus accident, arguing that legislative statutes waiving sovereign immunity applied to the case. The school board moved to dismiss, citing immunity. Case Law Alerts, 2nd Quarter, Apri
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Delaware Court Denies Motion to Dismiss, Allows Negligence Suit Against Railroad Company Over Commuter Train Incident

Westchester
Trucking & Transportation Liability
April 1, 2025
The Delaware Superior Court permitted an action against a railroad company to go forward, denying a motion to dismiss in a suit where a commuter train struck a vehicle that became stuck on the tracks. Case Law Alerts, 2nd Quarter, Apri
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Connecticut Court Denies Summary Judgment in Uninsured Motorist Claim Over Unexhausted Coverage Limits

Westchester
Trucking & Transportation Liability
April 1, 2025
The Superior Court of Connecticut denied a motion for summary judgment to dismiss a claim for uninsured motorist benefits because they found that the defendant failed to prove that the plaintiff had not exhausted the underlying limits of the alleg Case Law Alerts, 2nd Quarter, Apri
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Florida Court Holds Uber Is Not Vicariously Liable for Driver’s Negligence in Fatal Accident

Orlando
Rideshare Liability
April 1, 2025
Florida’s Third District Court of Appeals affirmed summary judgment for Uber Technologies, Inc. and affiliated defendants (collectively Uber), holding Uber could not be held vicariously liable for a driver’s negligence.  Case Law Alerts, 2nd Quarter, Apri
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Court Affirms Dismissal of Product Liability Claim Over Absence of Driver-Assistance Features

Philadelphia - Headquarters
Product Liability
April 1, 2025
This product liability action centered on a fatal auto accident; a head-on collision that the plaintiff claimed could have been prevented if the vehicle had been equipped with a “lane departure” warning or other driver-assistance feature. Case Law Alerts, 2nd Quarter, Apri
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Appeals Court Overturns $1.3 Million Slip-and-Fall Verdict Due to Lack of Evidence

Cleveland
Premises & Retail Liability
April 1, 2025
An appellate court has reversed a $1.3 million jury verdict in a slip-and-fall case, ruling that there was insufficient evidence to prove the defendant had constructive notice of a hazardous condition. Case Law Alerts, 2nd Quarter, Apri
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No Duty Owed: Premises Liability and Pedestrian Use of Drive-Through Lanes

Orlando
Premises & Retail Liability
April 1, 2025
In a premises liability case, the plaintiff alleged she suffered injuries after slipping on an oil slick while walking to an ATM designed for drive-through use. Case Law Alerts, 2nd Quarter, Apri
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Court Grants Summary Judgment in Mall Slip-and-Fall Case Over Trivial Tile Height Difference

Pittsburgh
Premises & Retail Liability
April 1, 2025
A Pennsylvania trial court granted summary judgment in favor of the defendant in a slip-and-fall case at a mall. Case Law Alerts, 2nd Quarter, Apri
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Court Grants Summary Judgment in Slip-and-Fall Case Under Hills and Ridges Doctrine

Pittsburgh
Premises & Retail Liability
April 1, 2025
A trial court had ruled in favor of the defendants in a slip-and-fall lawsuit arising from an ongoing snowstorm, citing the hills and ridges doctrine. Case Law Alerts, 2nd Quarter, Apri
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