NY court reversed denial of summary judgment to vehicle manufacturer/distributor, finding they made prima facie case showing they were not vicariously liable for actions of franchisee dealership and that plaintiff did not raise triable issue of fact.
Superior Court of Pennsylvania affirms trial court’s refusal to open the judgment of non pros against plaintiff.
As a result of plaintiff’s unauthenticated exhibits and premature filing of suit, court sided with defendant and strengthened case law for insurance carriers looking to dismiss lawsuits filed primarily to obtain attorney fees.
New Jersey Superior Court concludes that grant of summary judgment on basis of New Jersey Tort Claims Act was improper because a genuine issue of material fact existed regarding the cause of motor vehicle accident.
When confronted with evidence that defendant could have avoided accident, a finding that weather caused accident is inappropriate. Court also affirmed lower court’s ruling that strict adherence to specific city’s notice of claim form was not required.
Court grants defendant’s motion to dismiss and compel arbitration.
Sanctions awarded after court determines insurer knew/should have known its improper venue defense was not supported by application of existing law to material facts where same clause had been determined ambiguous by District Court of Appeal.
Successful defense of claim petition alleging neurologic injuries from a slip and fall on ice.
The claimant alleged issues with his speech, vision and balance. His treating physician diagnosed a concussion with post-concussion syndrome and cervicalgia resulting in gait, visual and speech dysfunction, headaches, nausea, vomiting, dizziness, sensitivity to light and sound, and difficulty walking. The judge limited the injury to a scalp contusion and traumatic Bell’s Palsy, awarded less than 11 weeks’ of benefits, and terminated benefits as of our IME.
Lumbar fusion surgery and indemnity benefits denied.
We represented a national internet retailer in the successful denial of a proposed lumbar fusion surgery and indemnity benefits. The claimant was awarded the injury and conservative medical treatment, however, the lumbar spine fusion surgery was denied, as were total and partial disability benefits. The client avoided a complex multi-level lumbar spine fusion surgery (L3-S1), total and partial disability benefits, and the post-surgical care. Because the surgery will not occur, the client is also relieved of a large post-operative permanent impairment award and surgical disfigurement.