Publications
Court Reversed Summary Judgment on Defendant’s Liability, Finding the Passenger of a Leading Vehicle Failed to Establish Entitlement to Judgment as a Matter of Law on the Trailing Driver’s Negligence.
The plaintiff was a passenger in a vehicle which collided with a vehicle operated by the defendant, who had accelerated at a high speed and crossed the double yellow line to pass the leading vehicle on the left while it was turning left.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate Court Affirms Trial Court’s Grant of Summary Judgment to Defendant, Finding that Plaintiff Failed to Vault the Verbal Threshold to Recover Damages under New Jersey’s Automobile Insurance Cost Recovery Reduction Act.
This case arose from a motor vehicle accident in which the plaintiff had a green light when her car was struck by the defendant’s car. The plaintiff sustained numerous physical injuries.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Court Denies Transfer of Venue, Finding the Claimed Inconvenience in Pre-trial Discovery Is Alleviated by Advanced Communications Technology and Can Be Handled Remotely by Technology Such as Zoom.
In support of their forum non conveniens transfer request, the defendants submitted affidavits from the driver of the tractor-trailer and the employer’s transportation superintendent stating that the litigation and trial of the case in La
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The Sufficiency of a Store’s Inspection and Maintenance Policies Are Only Relevant After Establishment of Notice of the Hazardous Condition.
The plaintiff, a customer at the defendant’s store, slipped and fell on a puddle located on the floor of the store’s restroom. The defendant filed a motion for summary judgment, arguing it did not have sufficient notice of the water on the floor.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
A Store Does Not Have a Duty to Constantly Monitor its Premises for Potential Hazards, and Any Alleged Failure to Monitor Is Not Enough to Establish Constructive Notice of a Hazard.
The plaintiff, a customer of the defendant’s store, slipped and fell on water located on the floor of the men’s restroom. After the defendant removed the case to federal district court, it filed a motion to dismiss.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Under Pennsylvania Law, Service of a Writ of Summons on Defendant’s Claims Administrator Does Not Constitute Valid Service.
The plaintiff, a customer of the defendant’s store, tripped and fell on a mat located in the store. The plaintiff commenced the case in state court pursuant to a writ of summons. However, the writ was never served on the defendant.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
District Appeals Court Holds Amendment to Florida Chapter 766 Requires an Evidentiary Hearing When Service of Pre-suit Notice Is Challenged.
The plaintiffs alleged that Dr. E. Wasser failed to diagnose liver cancer, serving him a notice of intent to sue as required by Florida’s Chapter 766 statutes.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court Re-affirms that an Adjacent Landowner Owes No Duty to Those Utilizing Roadway.
The plaintiff was a motorcyclist passing by a property owned by the defendant while an auction was being held. The defendant had directed attendees to illegally park on the street to attend the auction.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court Clarifies Meaning of 'Lawful' Under Statute of Repose.
This matter concerned claims of defective construction by the plaintiff against defendant for a home built in 2004. The plaintiff’s suit was filed after the 12-year limitation set forth in the Statute of Repose, 42 Pa. C.S. § 5536(a).
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court Requires Plaintiff to Name Passive Co-owner of Property as a Defendant or Suit Will Be Subject to Dismissal.
The plaintiff slipped and fell on an icy walkway located adjacent to a property owned by the defendant and his brother as tenants in common.
Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.