Federal court’s decision in breach of contract claim highlights the danger to transportation company in failing to timely respond to request to defend and indemnify pursuant to clear provisions within a standard transportation or logistics agreement.

Westchester
Trucking & Transportation Liability
This action arose following a fatal trucking accident in Missouri involving a Diamond Transportation Logistics trailer moving freight for Kroger. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

To meet prima facie burden for summary judgment on serious injury threshold, medical expert must, without equivocation, compare range of motion against normal limits to find there is no serious injury under the insurance law.

Westchester
Trucking & Transportation Liability
The defendant’s summary judgment motion as to serious injury was denied at the trial court level, and that ruling was affirmed despite the fact that the defendant provided sufficient evidence to argue that the plaintiff’s injuries were not causall Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

Provision barring plaintiff from personal injury action when convicted or having pleaded guilty to DWI offense cannot be read to bar a civil action when, despite purported “clear evidence” of intoxication, there is no specific guilty plea or conviction.

Westchester
Trucking & Transportation Liability
The plaintiff was involved in a motor vehicle accident with a tractor-trailer and initiated a lawsuit alleging causally-related injuries and damages. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

Trucking company was able to rebut the presumption of ownership of a vehicle allegedly involved in a motor vehicle accident with no evidence of the vehicle being in use or a driver in its employ being near the accident location at the time of occurrence.

Westchester
Trucking & Transportation Liability
This matter involved an otherwise standard motor-vehicle action but with an alleged hit-and-run driver. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

Though defendant was the only remaining living witness to the motor vehicle accident, summary judgment was denied because defendant’s versions of events did not preclude a finding of negligence.

Westchester
Trucking & Transportation Liability
This action involved a motor vehicle collision where the defendant tried to merge onto a highway where the plaintiff’s vehicle was stopped at the top of the merge lane. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

Superior Court ruled that a failure to include the full name of one of the streets at the location of an alleged defect in the roadway did not constitute a failure to provide proper notice of an intention to file a claim against the state.

Westchester
Trucking & Transportation Liability
The plaintiff served a standard notice, pursuant to Connecticut General Statutes § 13a-144, to set aside the state’s sovereign immunity with regard to a defect on state highways or sidewalks that allegedly caused a person to be injured. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

District Court makes interesting observations regarding evidence of industry standards and alternative designs in ruling on motion to preclude experts.

Philadelphia - Headquarters
Product Liability
In this product liability action, the trial court granted in part and denied in part the defendants’ motions to preclude the plaintiff’s experts. This case involved an allegedly defective lift gate on the rear of a truck trailer. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

In applying Pennsylvania law, the court held that determination of whether a dangerous condition is obvious and avoidable by the exercise of ordinary care is generally a question of fact reserved for the jury.

Pittsburgh
Premises & Retail Liability
In this diversity jurisdiction matter, the plaintiff alleged that she suffered injuries after tripping and falling on a partially empty black pallet or “stack base” while shopping in the defendant’s store. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

Why insurance carriers’ DPRPs should be specific as to what claims/actions are and are not arbitrable to protect themselves against motions to dismiss.

Mount Laurel
Personal Injury Protection (PIP) Litigation
GEICO filed a complaint against a series of medical providers asserting claims under the New Jersey Insurance Fraud Prevention Act (IFPA), violations of RICO, common law fraud and unjust enrichment. Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More
Subscribe to