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.

Roseland
Trucking & Transportation Liability
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.
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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.

Roseland
Trucking & Transportation Liability
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.
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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.

Roseland
Trucking & Transportation Liability
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.
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Transportation company denied interlocutory appeal over order requiring disclosure of training materials.

Roseland
Trucking & Transportation Liability
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.
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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.

Roseland
Trucking & Transportation Liability
The plaintiff appealed from a motion setting aside a verdict which found the defendant police officer negligently caused a motor vehicle accident while performing criminal surveillance Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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The New York Appellate Division, First Department held that there are triable issues of fact relating to a Labor Law § 240 claim involving injuries occurring on the ground floor.

New York
New York Construction & Labor Law
The plaintiff, a security system installer, attempted to move a stack of sheetrock boards leaning against a wa Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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