Permitting a Driver to Borrow a Vehicle with a Malfunctioning Gas Gauge Was Not a Proximate Cause of Deadly Accident Where Driver Was Struck by a Hit-and-Run Driver While Standing Outside the Vehicle After Running Out of Gas.

Westchester
Trucking & Transportation Liability
The decedent driver had borrowed a vehicle from the defendant owner that had a malfunctioning gas gauge. The decedent ran out of gas and was forced to stop on a two-lane highway with a 50-miles-per-hour speed limit. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Court Denies Motion to Amend Complaint to Allege Spoliation Based Upon Failure to Preserve Dashboard Camera Made After Amendment Deadline.

Westchester
Trucking & Transportation Liability
The present issue involves a plaintiff’s attempt to amend the complaint to allege spoliation of a dashboard camera. The plaintiff was well past the time to amend without leave of the court. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Trial Court Should Have Permitted Jury Instructions as to Driver’s Duty to 'Exercise Due Care' and Traveling in Excess of Speed Limit Despite the Specific Proposed Language Placed an Arguably Inaccurate Emphasis on Defendant’s Conduct.

Westchester
Trucking & Transportation Liability
This case involved a defense verdict where the trial court denied the plaintiff’s requested jury instructions as to a driver’s responsibility to exercise due care to avoid a pedestrian and to not travel over the speed limit. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Renewing a Faulty Insurance Policy Does Not Extend the Statute of Limitations.

Cleveland
Premises & Retail Liability
Insurance Services – Coverage & Bad Faith Litigation
The Eighth District Court of Appeals dismissed this complaint that alleged negligence and bad faith against an insurer and an agent after a fire-damage claim was denied. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Mistake of Fact Is Insufficient for Qualified Immunity in an Operating While Intoxicated Arrest.

Cleveland
Public Entity & Civil Rights Litigation
The plaintiff, an Asian male in the U.S. on a visa, was pulled over for a broken headlight. The plaintiff attempted to exit the vehicle during the stop, allegedly a possible sign of intoxication. During the stop, the officer smelled vodka. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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New Jersey Supreme Court Determined Whether Claims Brought Under the Insurance Fraud Protection Act and the Workers’ Compensation Act Were Subject to the Apportionment Procedure of the Comparative Negligence Act.

Mount Laurel
Fraud/Special Investigation
The plaintiff alleged that the defendants misrepresented their relationship, ownership structure and submitted fraudulent payroll records to reduce the premiums for workers’ compensation insurance. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Pennsylvania Supreme Court Rules that Evidence of Product’s Compliance with Governmental Regulations or Industry Standards Is Inadmissible in Design Defect Cases to Show a Product Is Not Defective Under the Risk-Utility Theory.

Philadelphia - Headquarters
Product Liability
The plaintiff was injured at a jobsite when the platform of a six-foot tall mobile scaffold collapsed, causing him to fall through the scaffold to the ground. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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