Publications
Supreme Court of New York, Appellate Division reversed trial court’s denial of defendant’s motion for summary judgment on issue of liability because record evidence demonstrated that defendant proved he was absolved of liability under emergency doctrine.
The plaintiff was the front seat passenger of a vehicle that turned left in front of the defendant.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate Division decision finds attorney-verified pleadings insufficient from both parties, highlighting need to support applications and oppositions on issues such as motions to dismiss, defaults, etc. with specific facts and likely affidavits.
In a highly regular procedural development, the defendant in a vehicular accident failed to timely answer, and the plaintiff moved for a default. In response, the defendant interposed an answer verified only by his attorney.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
2007 Medicare Part B Non-Facility Limiting Charge is not a fee schedule, and insurers are permitted to use rates established by Participating Physicians Fee Schedule when reimbursing diagnostic codes, thus certifying conflict with the Third DCA.
This suit involved a dispute regarding application of the 2007 Participating Physicians Fee Schedule.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Fourth District Court of Appeals reverses itself regarding application of the 2007 Medicare Part B Non-Facility Limiting PIP claims and certifies conflict with the Third District Court of Appeals.
This suit involved the legal issue of whether Progressive Select Insurance Company incorrectly determined the reimbursement rate for the imaging services provided by In House Diagnostic Services while treating Darryl Frazier for and injury sustain
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate court affirmed trial court’s determination that erroneous admission of evidence that defendant was terminated as a result of accident constituted “harmless error” and was not grounds for vacating judgment in favor of plaintiff.
The plaintiff, a nursing assistant, was sitting in the front seat of an ambulance that rear-ended a vehicle at a red light in poor weather conditions.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Delaware court finds ‘issue of fact’ precluding summary judgment, despite metadata in photograph files proving the issue, that the court held was ‘an issue of material fact’ that precludes judgment as a matter of law.
This action involved a motor vehicle collision where the factual dispute at issue on summary judgment addressed whether the plaintiff had timely filed her complaint.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Tractor-trailer slamming into traffic stopped due to prior accident was a “foreseeable byproduct” of initial accident, barring summary judgment in favor of driver who had previously crashed and was stopped in traffic for a long period of time.
This highly interesting decision claims to be in line with our jurisdictions, but it appears to carve out additional liability, even in situations where the party seeking summary judgment is not the proximate cause of the subject accident.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Civil Rule 15(A) discourages a prompt motion for judgment on the pleadings.
In a surprising win by a pro se plaintiff against a large law firm, the Eighth District Court of Appeals reminded counsel of a plaintiff’s absolute right to amend their complaint.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Refusal to provide voluntary inpatient examination and treatment to persons who submit for examination now subject to review under Pennsylvania’s Mental Health Procedures Act.
Under Pennsylvania law, medical providers and facilities may be held liable for refusal to provide voluntary inpatient examination and treatment to a person who submits him or herself for examination and treatment when the refusal constitutes will
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Superior Court affirmed trial court’s dismissal of case because appellant waived her substantive claims by not moving to strike the non pros prior to appealing.
The appellant initiated a lawsuit, pro se, raising negligence and strict liability claims arising out of allegedly negligent treatment received for gastrointestinal symptoms.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.