Impermissible to calculate delay damages for additional labor costs based on comparison of pre-contract estimate of labor costs and actual labor costs.

New York
Architectural, Engineering & Construction Defect Litigation
A subcontractor on a city project brought an action for delay damages, and the defendant appealed an award in excess of $40 million following a non-jury trial, including $9.8 million in additional labor cost damages. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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PA appellate court affirms trial court, upholds exclusive remedy provisions of Workers’ Compensation Act by beneficiary even though plaintiff did not qualify for any benefits under Workers’ Compensation Act.

Westchester
Trucking & Transportation Liability
Transportation companies are often confronted with workers’ compensation issues due to unfortunate events resulting in death or serious injury to their employees. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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OH court rejects argument that failure to remove truck entirely from roadway could be considered proximate cause of accident and was triable issue of fact for the jury.

Westchester
Trucking & Transportation Liability
The appellate court affirmed summary judgment in favor of the defendant truck driver and defendant trucking company when the plaintiff rear-ended the vehicle when driving while intoxicated. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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Service of Notice of Claim on unaffiliated state agency did not satisfy requirement to timely and directly serve NJ Department of Transit in personal injury matter arising out of motor vehicle accident.

Westchester
Trucking & Transportation Liability
In a matter stemming from a motor vehicle accident involving the plaintiff and a New Jersey Transit bus operated by its employee and the defendant driver, there was no disagreement that the plaintiff erroneously served a Notice of Claim on the Tor Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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Federal District Court orders disclosure of driver-facing video, finding it is not protected work product nor excludable from discovery based on relevancy.

Westchester
Trucking & Transportation Liability
In this wrongful death action, at issue was a dual-facing dashboard camera that recorded not only front-facing video but video of the driver himself at the time of and prior to the collision. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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DE Superior Court denies truck driver’s motion for summary judgment despite clear evidence of right-of-way and plaintiff’s failure to yield.

Westchester
Trucking & Transportation Liability
Clear right-of-way determinations and the failure of one operator to yield to the operator(s) with the right-of-way in many states is often clear evidence of per se negligence that must be rebutted by the opposing party with evidence of a Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
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