Publications
Conviction of DWI Required to Bar a Claim for Negligence
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.
Not Every Rear-End Collision Is the Exclusive Fault of the Rearmost Driver
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.
Remote Management of a Restaurant Is Not Enough to Find an Employee Was Acting Within the Scope and Course of His Employment
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.
Filing a Writ of Summons Will Not Toll the Statue of Limitations If Subsequent Actions Stall Litigation
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.
Foreign Insurer, Whose Agents Are Located in Hillsborough County, Granted Motion to Transfer Venue from Miami-Dade County to Hillsborough County
The instant suit was filed by the plaintiff, Preziosi West/East Orlando Chiropractic Clinic, LLC a/a/o Jayne Bemba, against First Acceptance Insurance Company in relation to an alleged breach of contract arising out of an alleged failure to pay PI
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Settlement Agreements at Mediation Must Be Put in Writing and Signed to Be Enforceable
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.
The Court of Appeals Addressed Primary Assumption of the Risk Doctrine
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 Reviews Exceptions to Res Judicata for the First Time
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.
A Nightclub Does Not Have a Duty to Defend and Indemnify an Intoxicated Minor in an Automobile Accident Case
The plaintiff brought suit against the intoxicated minor (the tortfeasor) and the subject nightclub that served him pursuant to Florida’s Dram Shop Law, Section 768.125.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The Supreme Court of Pennsylvania Refused to Extend Civil Liability to Social Hosts Serving Alcoholic Beverages
The plaintiff was injured in a motor vehicle accident when he was struck by an employee of the defendant’s employer, who swerved across the center line of the road and into the plaintiff’s path.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.