Publications
FL District Court finds that signature and “penalties of perjury” language sufficed to meet requirements of disclosure statute.
The trial court held that, as a matter of law, there was no pre-suit settlement agreement between the insurance carrier and its insured, the plaintiff Giordano, as the claims manager who prepared the 627.4137 insurance limits disclosure did not ha
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
DE court clarifies that physical injury is required and mere physiological responses are not enough.
The plaintiffs brought a wrongful death action against the defendant resulting from a car accident in which the decedents were killed simultaneously.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Producing hospital bills, alone, does not satisfy discovery requirements of Rule 9.
The defendant filed a motion to compel the plaintiff’s responses to the defendant’s Rule 9(g) request and other discovery requests.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
NY Court of Appeals held that claims asserting violation of workplace safety statutes does not impose non-delegable duty to the owner.
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
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.
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
Trial court erred when it failed to review evidence in the light most favorable to plaintiff.
This case concerned a fall by the plaintiff at Harrah’s casino in Chester, Pennsylvania, on a torn section of carpeting.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Appellate court may tend to exclude summary judgment even if plaintiff cannot identify with specificity the defect that caused accident.
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
Trial court denies product manufacturer’s motion in limine, adding to conflicting case law on issue of admissibility of compliance with industry standards.
The trial court denied the defendant product manufacturer’s motion in limine and ruled that compliance with industry standards remains inadmissible in a strict product liability case.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
California court reverses summary judgment in favor of Uber and its independent driver.
The plaintiff claimed he was injured when he was knocked off the back of a garbage truck after striking the open rear door of an Uber vehicle. A rear rider in the Uber vehicle had just opened the door into traffic to exit the vehicle.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Federal District Court rejects attempt to defeat diversity by conflating multiple residences versus single domicile and by seeking to join non-necessary party.
The defendants, Gonzalez and his employer, FedEx, properly removed this matter from state to federal court based on diversity.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole