Publications
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.
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.
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.
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.
Third District Court finds that an insured’s knowledge of a possible claim is critical to the calculus of determining prompt notice.
The trial court found that the appellants failed to give prompt notice of their loss when they reported it two-and-a-half years after the date of loss, thus triggering the presumption of prejudice.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.