Insurance Company Not Required to Defend and Indemnify School Bus Transportation Company or School District in Case of Student-on-Student Physical/Sexual Assault Aboard School Bus.

Westchester
Trucking & Transportation Liability
School Leaders' Liability
In a case that could have a significant impact on school transportation companies and school districts that provide their own transportation services, the federal appeals court has held that physical and sexual assault allegations, predicated upon 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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While Transit Entity Was Not Entitled to Summary Judgment Based on Municipal Immunity Where Issue of Fact Existed Whether Bus Driver Was Negligent, Driver Himself Was Entitled to Summary Judgment.

Westchester
Trucking & Transportation Liability
This matter addressed the applicability of Ohio’s sovereign and municipal liability laws as they pertain to transit companies and their drivers/employees. 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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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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