Publications
The risk of falling on natural, rocky terrain is part of the risks inherent in the sport of river tubing.
This case involved a slip and fall on a rock on an access path leading to water tubing on the Battenkill River.
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Trial court rules a general contractor cannot delegate its obligation to comply with Florida Building Code to its subcontractors.
In a recent ruling in Florida’s 18th Judicial Circuit, Judge Recksiedle
Case Law Alerts, 4th Quarter, October 2022 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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.
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.
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.
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.
Transportation company denied interlocutory appeal over order requiring disclosure of training materials.
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.
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.
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.
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.
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.
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.
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.
Prior acts exclusion applies and coverage is excluded because claim was previously reported to another insurer.
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.
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?
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.