Far too often in our line of business, we are informed of litigation after a default has already been entered against our client or insured. Ideally, and in most cases, we are able to negotiate for the default to be set aside or vacated. Case Law Alerts, 4th Quarter, Octo

“One of the purposes of the Mental Health Procedures Act is to provide limited protection from civil and criminal liability to mental health personnel and their employers in rendering treatment in this unscientific and inexact field.” Farago v Case Law Alerts, 4th Quarter, Octo

The Superior Court of Pennsylvania found that a grant of summary judgment in favor of the defendant-hospital was improper where the medical records, in the light most favorable to the plaintiff, created genuine issues of material fact regarding wh Case Law Alerts, 4th Quarter, Octo

The Superior Court of Pennsylvania found that expert testimony was still required in a matter involving an alleged defective toilet provided to a patient post surgery that broke and resulted in a fall and injuries to the patient.  Case Law Alerts, 4th Quarter, Octo

The plaintiff filed a medical malpractice action against multiple defendants and filed an Affidavit of Merit (AOM) prepared by Dr. J. Fallon. Dr. Case Law Alerts, 4th Quarter, Octo

This decision may very well go down for its reference to “two identical metallic mint green 1964 Buick Skylark convertibles.” The plaintiff originally sued ACAM Transport, but discovery later revealed that the red tractor-trailer that struck the p Case Law Alerts, 4th Quarter, Octo

In a fact pattern that is highly typical, this matter presented as a clear defense liability for failing to stop at a red light and significantly exaggerated injury claims by a plaintiff. Case Law Alerts, 4th Quarter, Octo

Metro-North Commuter Railroad hired a taxi driver through Hudson Valley Transportation to transport the plaintiff. The taxi driver was speeding and driving erratically before crashing into a ditch. Case Law Alerts, 4th Quarter, Octo

A bicyclist was injured when he swerved to avoid a vehicle and fell after striking multiple potholes in the roadway. Case Law Alerts, 4th Quarter, Octo

A dash cam in a tractor trailer was originally unrecovered because it was detached from the truck in the subject collision. Defense counsel and its retained expert ultimately recovered the video in an inspection of the vehicle wreck. Case Law Alerts, 4th Quarter, Octo