Publications
Superior Court ruled that a failure to include the full name of one of the streets at the location of an alleged defect in the roadway did not constitute a failure to provide proper notice of an intention to file a claim against the state.
The plaintiff served a standard notice, pursuant to Connecticut General Statutes § 13a-144, to set aside the state’s sovereign immunity with regard to a defect on state highways or sidewalks that allegedly caused a person to be injured.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Though defendant was the only remaining living witness to the motor vehicle accident, summary judgment was denied because defendant’s versions of events did not preclude a finding of negligence.
This action involved a motor vehicle collision where the defendant tried to merge onto a highway where the plaintiff’s vehicle was stopped at the top of the merge lane.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Trucking company was able to rebut the presumption of ownership of a vehicle allegedly involved in a motor vehicle accident with no evidence of the vehicle being in use or a driver in its employ being near the accident location at the time of occurrence.
This matter involved an otherwise standard motor-vehicle action but with an alleged hit-and-run driver.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Provision barring plaintiff from personal injury action when convicted or having pleaded guilty to DWI offense cannot be read to bar a civil action when, despite purported “clear evidence” of intoxication, there is no specific guilty plea or conviction.
The plaintiff was involved in a motor vehicle accident with a tractor-trailer and initiated a lawsuit alleging causally-related injuries and damages.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
To meet prima facie burden for summary judgment on serious injury threshold, medical expert must, without equivocation, compare range of motion against normal limits to find there is no serious injury under the insurance law.
The defendant’s summary judgment motion as to serious injury was denied at the trial court level, and that ruling was affirmed despite the fact that the defendant provided sufficient evidence to argue that the plaintiff’s injuries were not causall
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal court’s decision in breach of contract claim highlights the danger to transportation company in failing to timely respond to request to defend and indemnify pursuant to clear provisions within a standard transportation or logistics agreement.
This action arose following a fatal trucking accident in Missouri involving a Diamond Transportation Logistics trailer moving freight for Kroger.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Insurer entitled to summary judgment on plaintiff’s request for Uninsured Motorist benefits due to the plaintiff’s failure to properly notify law enforcement of the ‘hit and run’ accident.
Uninsured Motorist (UM) and Underinsured (UIM) or Supplemental Underinsured (SUM) insurance benefits in many states have numerous policy provisions that establish conditions precedent to seeking the benefits provided under the policy.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court holding reminds of requisite expert qualifications for medical malpractice actions against physicians.
In medical malpractice actions, a nurse is not qualified to testify as an expert witness on standard of care or causation against a physician. More specifically, under 40 P.S.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Plaintiff in med mal action must present expert testimony explicitly establishing standard of care in med mal context; cannot rely only on expert testimony in original workers’ comp case that complained surgeries were not medically necessary.
The plaintiff was injured at work, herniating discs in her spine. She underwent an anterior cervical discectomy and fusion procedure performed by the defendant, Dr. Salkind.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Anger, guns and squirrels create problems begetting problems: En banc Pennsylvania Superior clarifies collateral estoppel effect of criminal conviction.
Lloyd Thomas, who had some history of mental instability, was to watch his father’s property, which included a small gun shop.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.