Publications
Falling From a Scaffold in New York Can Be a Triable Issue of Fact Under Labor Law § 240
The plaintiff, a carpenter, was performing work on a scaffold when the planks of the scaffold lifted up, causing him to lose his balance and fall off of the scaffold.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Third District Court of Appeals Clarifies the Rules Surrounding Third-Party Intervention
The Third District Court of Appeal rules that the trial court abused its discretion in denying the medical providers’ and assignees’ motion to intervene in a declaratory judgment action between an insurer and an insured.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Insurers’ Rights to Records from the New Jersey Office of the Insurance Fraud Prosecutor Affirmed
The insurance carrier brought a civil action against various medical providers, asserting an illegal kickback scheme in connection to New Jersey Personal Injury Protection (PIP) benefits.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Evidence of Prior Accidents Are Only Admissible If the Prior Accidents Are Sufficiently Similar
The plaintiff slipped and fell on a yellow-painted surface in the parking area located on the defendant’s premises.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
A Gas Station Store Was Not Liable for a Slip and Fall When There Was No Evidence as to the Duration of the Alleged Dangerous Condition
The plaintiff slipped and fell in the defendant’s gas station store. The plaintiff parked his tractor trailer in the parking lot to purchase gas and fuel.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal District Court Recognizes Important Limitations on “Post-Sale Duty to Warn”
A product may be defective if it is sold without adequate warnings. But what if a manufacturer learns new safety information after a product is already on the market?
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal Court Dismisses Wrongful Death Action Against an Online Food Delivery Platform
The parents of a pedestrian brought an action for wrongful death and negligent infliction of emotional distress against DoorDash, alleging that a delivery driver negligently struck and killed the pedestrian while making a food delivery requested t
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Supreme Court Finds Distinction in Applicability of Law Enforcement’s Governmental Immunity
This is a very interesting appeal involving whether a police officer holds a special defense of governmental immunity in the appellant’s underlying personal injury lawsuit.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The Delaware Superior Court Dismisses a Pedestrian’s Case in an Unavoidable Accident
In a somewhat unusual case, the Delaware Superior Court found that the plaintiff’s negligence in crossing the street outweighed the negligence of the driver who hit the plaintiff and granted summary judgment in favor of the defendant.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Insurance Provider Granted Summary Judgment Based on an “Aircraft Liability Exclusion” Within Its Policy
This matter involved a petition by Travelers, seeking a declaration that it did not owe a duty to indemnify or defend its insured in a personal injury lawsuit pursuant to its “Aircraft Liability Exclusion.”
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.