The plaintiff’s sole medical expert was not, at the time of his deposition, engaged in active clinical practice due to his personal health issues and the COVID-19 pandemic. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

The trial court permitted a jury instruction that allowed the jury to not only consider the fact that the physician defendant, who was of Pakistani descent, did not attend the trial, but to also “make whatever inference and conclusions” they chose Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Plaintiffs have increasingly demanded to gain access to the Electronic Medical Records (EMR) of health care providers/facilities, citing Rule 4:18-1, and Rule 4:10-2(a), (g), and (f). Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

The plaintiff was involved in a motor vehicle accident and claims to have sustained serious personal injuries. The plaintiff had $600,000 in underinsured/uninsured motorist coverage with his insurer. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

While the plaintiff claimed that, following his motor vehicle accident with the defendants’ semi-trailer truck, he suffered from “head pain, neck pain, headaches, sensitivity to light, sensitivity to sound, trouble concentrating, memory loss…and m Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

This decision relates to several motions in limine and the Southern District Court’s determination as to what evidence was not admissible at trial.  Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

This matter involved a collision between a train and a tractor-trailer. The plaintiff moved for summary judgement with respect to the defendants’ negligence, and the motion was denied.  Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

This matter involved a petition by Travelers, seeking a declaration that it did not owe a duty to indemnify or defend its insured in a personal injury lawsuit pursuant to its “Aircraft Liability Exclusion.”  Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

In a somewhat unusual case, the Delaware Superior Court found that the plaintiff’s negligence in crossing the street outweighed the negligence of the driver who hit the plaintiff and granted summary judgment in favor of the defendant.  Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

This is a very interesting appeal involving whether a police officer holds a special defense of governmental immunity in the appellant’s underlying personal injury lawsuit. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.