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Motorist’s Duty Does Not Include Duty to Slow Down in Anticipation of Danger Not Yet Apparent If Driver Is Otherwise Exercising Reasonable Care

The plaintiff, Glass-Hill, was making a left turn at the intersection of 495 South and Philadelphia Pike when Gordon, a southbound driver on Philadelphia Pike in the right lane passing a stopped truck in the left lane, struck her. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

County Court Rules in Favor of Insurer Regarding Application of the 2007 Medicare Part B Non-Facility Limiting Charge

This suit involved the legal issue of whether or not the insurer was required to reimburse the plaintiff pursuant to the 2007 non-facility limiting charge and, if so, whether this reimbursement would require the insurer to remove a budget neutrali Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Not Every Rear-End Collision Is the Exclusive Fault of the Rearmost Driver

A passenger in the leading vehicle, a taxi, filed suit for personal injuries against the driver of the leading vehicle, the driver of the following vehicle, and the owner of the following vehicle after a rear-end collision. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Remote Management of a Restaurant Is Not Enough to Find an Employee Was Acting Within the Scope and Course of His Employment

The issue in this case was whether the employee was in the course and scope of employment and/or acting in furtherance of the employer’s business at the time of the car accident. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Filing a Writ of Summons Will Not Toll the Statue of Limitations If Subsequent Actions Stall Litigation

Dewitt Wimbs appealed from the order entered in the Court of Common Pleas of Allegheny County (trial court) that granted Molly Wolfson’s preliminary objections based on the statute of limitations and dismissing his personal injury complaint. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Foreign Insurer, Whose Agents Are Located in Hillsborough County, Granted Motion to Transfer Venue from Miami-Dade County to Hillsborough County

The instant suit was filed by the plaintiff, Preziosi West/East Orlando Chiropractic Clinic, LLC a/a/o Jayne Bemba, against First Acceptance Insurance Company in relation to an alleged breach of contract arising out of an alleged failure to pay PI Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

The Court of Appeals Addressed Primary Assumption of the Risk Doctrine

Scholars wondered whether this doctrine would still be applicable because of recent New York cases stating that a plaintiff could be granted summary judgment on liability even if the plaintiff had comparative fault. See CPLR 1411. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.