Publications
Provision barring plaintiff from personal injury action when convicted or having pleaded guilty to DWI offense cannot be read to bar a civil action when, despite purported “clear evidence” of intoxication, there is no specific guilty plea or conviction.
The plaintiff was involved in a motor vehicle accident with a tractor-trailer and initiated a lawsuit alleging causally-related injuries and damages.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
To meet prima facie burden for summary judgment on serious injury threshold, medical expert must, without equivocation, compare range of motion against normal limits to find there is no serious injury under the insurance law.
The defendant’s summary judgment motion as to serious injury was denied at the trial court level, and that ruling was affirmed despite the fact that the defendant provided sufficient evidence to argue that the plaintiff’s injuries were not causall
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal court’s decision in breach of contract claim highlights the danger to transportation company in failing to timely respond to request to defend and indemnify pursuant to clear provisions within a standard transportation or logistics agreement.
This action arose following a fatal trucking accident in Missouri involving a Diamond Transportation Logistics trailer moving freight for Kroger.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Insurer entitled to summary judgment on plaintiff’s request for Uninsured Motorist benefits due to the plaintiff’s failure to properly notify law enforcement of the ‘hit and run’ accident.
Uninsured Motorist (UM) and Underinsured (UIM) or Supplemental Underinsured (SUM) insurance benefits in many states have numerous policy provisions that establish conditions precedent to seeking the benefits provided under the policy.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court holding reminds of requisite expert qualifications for medical malpractice actions against physicians.
In medical malpractice actions, a nurse is not qualified to testify as an expert witness on standard of care or causation against a physician. More specifically, under 40 P.S.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Plaintiff in med mal action must present expert testimony explicitly establishing standard of care in med mal context; cannot rely only on expert testimony in original workers’ comp case that complained surgeries were not medically necessary.
The plaintiff was injured at work, herniating discs in her spine. She underwent an anterior cervical discectomy and fusion procedure performed by the defendant, Dr. Salkind.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Anger, guns and squirrels create problems begetting problems: En banc Pennsylvania Superior clarifies collateral estoppel effect of criminal conviction.
Lloyd Thomas, who had some history of mental instability, was to watch his father’s property, which included a small gun shop.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Proposed revision to Florida statute sits before the House that would require building code violations to be “material” to trigger claim under 553.84.
Florida Statute 553.84 creates a cause of action for any person damaged as a result of any building code violation against any party who committed that building code violation in the construction of the building.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Appellate Division finds that the pay-if-paid clause in the construction contract is enforceable.
The plaintiff entered into a purchase order contract with the defendant, the general contractor on a project with the County of Union.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Supreme Court rules that groups appealing environmental permits may recover legal fees from companies.
A Pennsylvania Supreme Court decision arising from two separate cases has made it significantly easier for public and environmental groups to be reimbursed for legal fees when they successfully appeal environmental permits.
Case Law Alerts, 2nd Quarter, April 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.