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
Read More

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
Read More

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
Read More

Appellate court may tend to exclude summary judgment even if plaintiff cannot identify with specificity the defect that caused accident.

Philadelphia - Headquarters
Premises & Retail Liability
This case concerns a fall by the plaintiff at her daughter’s bowling tournament. The plaintiff fell on her way to the restroom over what she described as a raised divot, seam, bump or crack which could not actually be seen with the eye. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Read More

There may be risk in beginning snow removal efforts before storm has stopped, but this can be defeated if shown that snow removal work did not exacerbate conditions.

New York
Premises & Retail Liability
The Second Department held that a property owner was entitled to summary judgment in a case involving a slip and fall on snow and ice under the Storm in Progress Doctrine, which states that a property owner is not liable for a snow and ice conditi Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Read More

NY Court of Appeals held that claims asserting violation of workplace safety statutes does not impose non-delegable duty to the owner.

New York
New York Construction & Labor Law
The plaintiff, an employee of Skanska, was struck by a power buggy while operating a rebar-bending machine. A worker who was not trained to operate the buggy drove it a short way before losing control and crashing into the plaintiff. Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Read More
Subscribe to