Publications

In this case, the plaintiff argued that the amusement park imposed discriminatory eligibility criterion, in violation of the ADA, when it refused to permit him to ride on the Krakatau Aqua Coaster as he presented with only one hand, but no prosthe Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

In an action for underinsured motorist coverage resulting from a vehicle-pedestrian accident, the defendant moved for summary judgment, asserting there was no genuine issue of material fact that the driver was not negligent. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

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.

The Superior Court, Appellate Division, held that a motorcyclist was not statutorily barred from bringing a negligence action for damages in the absence of a conviction for driving while intoxicated. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

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.

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.

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.

The New Jersey Appellate Division affirmed the Law Division’s orders denying the defendants’ motion to enforce an unsigned settlement agreement arising from a voluntarily-entered mediation. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

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.

Ohio has recognized that there are exceptions to the application of res judicata in extraordinary circumstances but has never applied such an exception. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.