District court finds that the “specialty” for the one time change of physician must be one that furthers the employer’s duty to deliver a continuum of care, facilitating the employee’s return to gainful employment.

Jacksonville
Workers' Compensation
The injured worker sustained a serious injury to her finger. She came under the care of Dr. Cortez, a board-certified general and plastic surgeon with an added certificate for hand surgery via the emergency room. What’s Hot in Workers’ Comp, Vol. 27, No.
Read More

Industrial Accident Board determines that a general contractor on a construction site is responsible for claimant’s workers’ compensation benefits as both his employer and by operation of Section 2311.

Wilmington
Workers' Compensation
The claimant alleged he was injured while doing demolition work on January 7, 2022. He initially filed a petition against Alliance Environmental Systems (Alliance), but Alliance denied that it was Mr. What’s Hot in Workers’ Comp, Vol. 27, No.
Read More

The court found that the plaintiff had no triable issue of material fact to support a claim of gross negligence against the defendant fitness facility.

Roseland
Amusements, Sports & Recreation Liability
The plaintiff claimed she burnt her arm on a heating element within a sauna when she tripped and fell due to poor lighting. Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

Appellate court reverses trial court and enforces arbitration provision of equipment lease and transportation agreement.

Westchester
Trucking & Transportation Liability
It is highly common for truck drivers who own their own trucks to function as independent contractors and function in that capacity pursuant to agreements with large logistics companies. Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

Court’s reasoning in overturning summary judgment in favor of defendant, finding an issue of fact as to whether plaintiff suffered a serious injury pursuant to NY Ins. Law § 5102, could open door to opposing summary judgment in liability cases.

Westchester
Trucking & Transportation Liability
Automobile Liability
At its heart, this decision is fairly simple—the Appellate Division determined the plaintiff is not entitled to summary judgment because an issue of fact remained as to whether the defendant was liable for the collision, and an issue of fact remai Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

Uber Eats driver not entitled to UIM benefits under Uber Eats’ insurance policy.

Westchester
Trucking & Transportation Liability
Rideshare Liability
The plaintiff was operating his motorcycle as an Uber Eats driver in August of 2017 when he was involved in a motor vehicle accident and suffered significant injuries. The offending driver was minimally insured. Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

Incident report prepared for a claims company “for the benefit of [the] insurer” falls within work production and is not discoverable.

Westchester
Trucking & Transportation Liability
In a matter involving a dispute over damage caused to a truck during towing, the tow truck company sought to quash an order requiring production of an incident report prepared by the named tow truck driver. Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More

Superior Court grants motion to dismiss in action where a minor plaintiff was lured off a school bus by minor defendants and assaulted.

Westchester
Trucking & Transportation Liability
Though much of the court’s issue in this decision appears related to the manner in which the complaint itself was drafted, the court did find that a school transportation department’s “supervision of students on a school bus, as well as the action Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Read More
Subscribe to