Publications
DE Superior Court denies truck driver’s motion for summary judgment despite clear evidence of right-of-way and plaintiff’s failure to yield.
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
Federal District Court orders disclosure of driver-facing video, finding it is not protected work product nor excludable from discovery based on relevancy.
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
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.
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
OH court rejects argument that failure to remove truck entirely from roadway could be considered proximate cause of accident and was triable issue of fact for the jury.
The appellate court affirmed summary judgment in favor of the defendant truck driver and defendant trucking company when the plaintiff rear-ended the vehicle when driving while intoxicated.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
PA appellate court affirms trial court, upholds exclusive remedy provisions of Workers’ Compensation Act by beneficiary even though plaintiff did not qualify for any benefits under Workers’ Compensation Act.
Transportation companies are often confronted with workers’ compensation issues due to unfortunate events resulting in death or serious injury to their employees.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
NY Appellate Division rules a “termination letter” could be of probative value on issue of negligence and is discoverable even in absence of negligent hiring or retention claim.
Plaintiffs in New York generally cannot maintain claims of negligent hiring, retention, training, supervision, etc.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
New Jersey extends the statute of limitations in construction cases involving planned real estate development associations.
N.J.S.A. 2A:14-1 has been amended to add a new subsection.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Impermissible to calculate delay damages for additional labor costs based on comparison of pre-contract estimate of labor costs and actual labor costs.
A subcontractor on a city project brought an action for delay damages, and the defendant appealed an award in excess of $40 million following a non-jury trial, including $9.8 million in additional labor cost damages.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Third-party claims for common-law contribution not cognizable where underlying claim seeks to hold defendant liable for economic losses based on improper performance under contract.
The general contractor for the construction of a building brought a breach of contract action against a subcontractor arising from the building’s steel superstructure dropping during construction and allegedly setting off a chain reaction of damag
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole
Without affidavit from someone with knowledge of Offering Plan, summary judgment barred where defendant argued no liability due to disclaimer in the Offering Plan.
A condominium’s board of managers filed suit against the sponsor, alleging breach of the Offering Plan.
Case Law Alerts, 3rd Quarter, July 2022 is prepared by Marshall Dennehey Warner Cole