| Marshall Dennehey

October 1, 2022

This is a medical malpractice matter that involved the issue of whether the statute of limitations was tolled Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Defendants must comply with notice requirements for dismissing a medical malpractice case based on the lack of a certificate of merit.

October 1, 2022

This case also involves the issue of whether a medical malpractice claim could be dismissed due to the plainti Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Is a certificate of merit required when a plaintiff files a claim sounding in professional negligence but subsequently attempts to assert that the issue involves simple negligence?

October 1, 2022

This case involves the issue of whether a certificate of merit is required when a plaintiff files a claim soun Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Prior acts exclusion applies and coverage is excluded because claim was previously reported to another insurer.

October 1, 2022

This case involves contract interpretation and insurance coverage. Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Appellate Division sustains summary judgment dismissing claim against bus company where plaintiff suddenly veered in front of bus and stopped short, creating rear-end accident.

October 1, 2022

In a classic fact pattern, the plaintiffs alleged an injury, claiming they were safely stopped in traffic when they were rear-ended by a New York MTA bus. Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Federal District Court refuses to shield internal statement and insurance record from disclosure under work-product privilege, finding the privilege must be specifically asserted and contested materials should be submitted for in camera review.

October 1, 2022

Addressing a motion to compel brought by the plaintiff, the court reviewed the defendant transportation company’s work-product objection to disclosure of the driver’s statement and the Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Defendants entitled to maintain affirmative defenses as to plaintiff’s culpable conduct, sudden emergency, and superseding and intervening action in matter where plaintiff disembarked a moving vehicle for fear of injury in an accident.

October 1, 2022

The plaintiff disembarked a tractor-pulled wagon when the tractor, while ascending a hill, stalled and began to roll backwards. Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Transportation company denied interlocutory appeal over order requiring disclosure of training materials.

October 1, 2022

The plaintiff sought damages for injuries allegedly suffered during a fall he claimed was a result of an explosion caused by the defendant’s employee during the pumping of vinegar from Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Connecticut Supreme Court determines that a police officer conducting surveillance in a criminal investigation was not engaged in discretionary activity protected by government immunity when the officer negligently caused a motor vehicle accident.