Publications
New York Appellate Division, First Department determined that a gang box lid falling on an employee would not be considered a violation under New York Labor Law §240.
An employee of a subcontractor brought an action against the building owner, the owner’s manager, the construction manager and other subcontractors, alleging violations under New York Labor Law §240, §241 and §200.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Jury verdict reversed on the issues of liability against the defendants and future pain and suffering in a motor vehicle/bus accident case.
The jury found liability against the defendant driver and bus companies.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Summary judgment reversed as completely divergent accounts of the accident presented triable issues of fact.
The plaintiff, a bicyclist, collided with an open door of a delivery van.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
City and Transportation Department entitled to qualified immunity and driver’s own actions were sole proximate cause of the accident.
A driver brought an action against the City and the City’s Transportation Department, seeking damages for personal injuries sustained in an accident on an exit ramp, which was allegedly a result of the City’s and the Transportation Department’s ne
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Defendant’s operation of emergency vehicle did not rise to level of reckless disregard to safety of others to meet standard for imposition of liability.
This case involved a collision between a motor vehicle and an emergency vehicle.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Superior Court of Pennsylvania finds Uber cannot compel arbitration based on browser app agreement.
The plaintiff claimed she was injured while riding in a vehicle requested through the Uber App. After she filed suit, the trial court granted Uber’s petition to compel arbitration.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Simply pleading design and manufacturing defects is not enough to overcome a Rule 12 motion to dismiss.
The plaintiff, a subrogee of a school district, filed a lawsuit sounding in strict liability, negligence, and promissory estoppel against the manufacturer of a dust collection venting system where a fire allegedly originated in one of the district
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Supreme Court addresses stringent standard to defeat a question-of-fact argument.
The Ohio Supreme Court has determined that it is not a court’s role to weigh evidence to determine issues that may otherwise present as a question of fact.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Ohio Supreme Court opens the door for a psychological exception to non-economic damage caps.
A jury found that the plaintiff was entitled to an award of $20 million in non-economic damages for emotional trauma following a series of sexual abuses she experienced as a minor.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Patient Safety Privilege gets boost in Sanders.
Certain records, including investigation reports and PowerPoint slides, can be privileged under the Patient Safety Privilege if certain conditions apply.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.