Publications

In a premises liability case, the plaintiff alleged she suffered injuries after slipping on an oil slick while walking to an ATM designed for drive-through use. Case Law Alerts, 2nd Quarter, Apri

An appellate court has reversed a $1.3 million jury verdict in a slip-and-fall case, ruling that there was insufficient evidence to prove the defendant had constructive notice of a hazardous condition. Case Law Alerts, 2nd Quarter, Apri

This product liability action centered on a fatal auto accident; a head-on collision that the plaintiff claimed could have been prevented if the vehicle had been equipped with a “lane departure” warning or other driver-assistance feature. Case Law Alerts, 2nd Quarter, Apri

Florida’s Third District Court of Appeals affirmed summary judgment for Uber Technologies, Inc. and affiliated defendants (collectively Uber), holding Uber could not be held vicariously liable for a driver’s negligence.  Case Law Alerts, 2nd Quarter, Apri

The Superior Court of Connecticut denied a motion for summary judgment to dismiss a claim for uninsured motorist benefits because they found that the defendant failed to prove that the plaintiff had not exhausted the underlying limits of the alleg Case Law Alerts, 2nd Quarter, Apri

The Delaware Superior Court permitted an action against a railroad company to go forward, denying a motion to dismiss in a suit where a commuter train struck a vehicle that became stuck on the tracks. Case Law Alerts, 2nd Quarter, Apri

An insurance carrier sought reimbursement for PIP benefits paid following a school bus accident, arguing that legislative statutes waiving sovereign immunity applied to the case. The school board moved to dismiss, citing immunity. Case Law Alerts, 2nd Quarter, Apri

In an encouraging adherence to procedural rules, a New Jersey appellate court denied an application to file a late notice of claim when the plaintiff failed to show extraordinary circumstances. Case Law Alerts, 2nd Quarter, Apri

The appellate division addressed a common issue in transportation actions, a plaintiff alleges they were caused to fall or be injured as a result of actions taking by the driver of the vehicle they were riding in.  Case Law Alerts, 2nd Quarter, Apri

This matter establishes a strong assumption of risk defense based upon the actions of passengers within moving vehicles.  Case Law Alerts, 2nd Quarter, Apri