Publications
New York court affirmed trial court’s denial of plaintiff’s motion for summary judgment and held that a party should be afforded a reasonable opportunity to conduct discovery prior to determination of motion for summary judgment.
The plaintiff commenced a personal injury action following a motor vehicle accident.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
An insurer does not have a duty to investigate potential transportation costs unless its insured notifies the insurer that they are seeking a claim for same.
The trial court granted the defendant’s motion to dismiss the plaintiff’s amended complaint.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
New Jersey court reviews No-Fault Law’s language and finds that there was nothing preventing an arbitrator from hearing common law fraud, unjust enrichment and RICO claims.
The defendants (a series of medical providers) filed a motion to dismiss, arguing that the plaintiff’s common law fraud, unjust enrichment and RICO claims should be decided via arbitration.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Commonwealth Court notes that walking across undeveloped land carries an inherent risk of falling over depressions.
This matter concerns the plaintiff’s trip and fall on a snow-covered grassy area between two parking lots at the Westmoreland County Airport.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
County court rules in favor of plaintiff regarding defendant’s use of Budget Neutrality Adjustor in calculating reimbursement made for plaintiff.
This suit was for allegedly underpaid PIP benefits. ISO Diagnostic Testing billed seven units of CPT code 95851. United Auto reimbursed these codes utilizing the 2007 Limiting Charge rate.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
District Court ruled plaintiff’s claim of negligent hiring, retention, training and supervision against Uber failed as matter of law due to failure to plead with specificity facts alleging Uber’s notice of driver’s propensity to engage in alleged conduct.
The plaintiff alleged that on an Uber trip, intended to take the plaintiff from Philadelphia to Connecticut, the driver engaged in heinous conduct, including sexually suggestive comments, threats, ordering the plaintiff out of the vehicle on the N
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appeals court held that alleged violation of Ohio’s Assured Clear Distance Ahead statute qualified as a separate cause of action, requiring specific analysis from trial court and dismissing appeal for failure of order to be a final judgment.
This matter involved a pedestrian and motor-vehicle accident—the defendant struck two individuals walking on a highway off-ramp, who were allegedly intoxicated at the time.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
In-state flea market is not a seller of a product and no negligence duty exists for a flea market that merely markets and facilitates the sale of an allegedly defective product.
The plaintiff, a Pennsylvania citizen, brought suit in Philadelphia County, claiming injuries suffered from a defective snow thrower for which a recall had been issued.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Supreme Court of New York, Appellate Division affirmed trial court’s grant of summary judgment in favor of plaintiff on issue of liability where plaintiff made prima facie showing of negligence against defendant, who failed to raise triable issue of fact.
The plaintiff was struck by the defendant’s vehicle as she crossed the street.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third District Court of Appeals affirms trial court’s decision allowing a fully completed and executed CMS Form 1500 to serve as an “itemized statement” pursuant to Florida Statute 627.736(5)(d).
This appeal involved a suit for the payment of personal injury protection (PIP) benefits. The insured treated with Pan Am Diagnostic of Orlando and, in exchange, assigned her right to pursue PIP benefits.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.