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Publications
Supreme Court of New York, Appellate Division Affirmed Superior Court’s Decision to Deny Plaintiff’s Motion for Summary Judgment Against Defendant’s Affirmative Defense Alleging Culpable Conduct and Comparative Negligence
In Mora, the defendant’s tractor-trailer collided with the plaintiff’s vehicle when the defendant took a left turn. In order to be entitled to summary judgment, the plaintiff must establish her own freedom from comparative negligence.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York Held That the Release Executed by Plaintiff Has No Legal Effect and Is Vacated
The plaintiff filed a suit after the defendant backed up her vehicle and struck the plaintiff’s vehicle.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Affirmed the Supreme Court’s Order Granting the Defendant’s Motion for Summary Judgment Dismissing the Complaint
In Hernandez, the plaintiff alleged he was injured by a vehicle operated by the defendant upon entering the street.
Case Law Alerts, 3rd Quarter, July
Supreme Court of New York, Appellate Division Reversed Jury Verdict to Dismiss Complaint, Finding the Supreme Court Exercised Improper Discretion in Precluding Testimony of an Expert Witness
In Deliz, the plaintiff presented an expert witness to testify that the most likely cause of the motor vehicle accident was that the defendant had drifted into the plaintiff’s lane, thereby causing the accident.
Case Law Alerts, 3rd Quarter, July
Applicability of the “Relation-Back Doctrine”
An auto accident occurred on October 23, 2018, in Newark, Ohio. On October 22, 2020, the appellants—Jon Emory, Caleb Emory and Tina Emory—filed a complaint against the defendant, Bailey.
Case Law Alerts, 3rd Quarter, July
The Court of Appeals of Ohio, Fourth District, Affirmed the Trial Court’s Summary Judgment in Favor of the Defendants
The plaintiff filed suit, seeking damages under various theories of liability after the defendant struck and injured the plaintiff, who was a pedestrian, with his motor vehicle.
Case Law Alerts, 3rd Quarter, July
A Claim for Bad Faith Must Be Plausible, Not Just Possible
Robert Hampton purchased up to $15,000 in underinsured motorist coverage from Progressive for losses incurred in 2023. Steven Vicioso caused his car to collide with Hampton’s car on March 5, 2023.
Case Law Alerts, 3rd Quarter, July
Superior Court of Pennsylvania Affirmed the Trial Court’s Denial for Post-Trial Relief Against the Plaintiff
The plaintiff filed suit against the defendant, alleging negligence in a motor vehicle accident where the defendant’s vehicle struck the plaintiff’s after the defendant disregarded a stop sign.
Case Law Alerts, 3rd Quarter, July
Court Finds that Claims Under New Jersey’s Insurance Fraud Prevent Act Are Subject to Arbitration
The court found that nothing in the text or legislative history of New Jersey’s Insurance Fraud Prevent Act (IFPA) explicitly or implicitly prohibits arbitration of claims brought under the statute.
Case Law Alerts, 3rd Quarter, July
New York Court Allows for Discovery of Litigation Funding Loan
Generally, litigation funding loans are not discoverable in personal injury actions. These are “loans” given to injured plaintiffs as an advance on any settlement or verdict they might obtain. These “loans” are not subject to usury rates.
Case Law Alerts, 3rd Quarter, July 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.