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Publications
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.
Affidavits must be based on personal knowledge, set out facts admissible in evidence, show affiant’s competence to testify on matters stated. Insurer not required to show real prejudice from failure to provide sworn proof of loss, as required by policy.
The trial court granted the insurer’s motion for final summary judgment and considered the affidavit of the corporate representative, as well as the attachment.
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 judgment on the pleadings in legal malpractice case based upon statute of limitations.
The plaintiffs alleged the court erred in not allowing them to amend their pleadings to clarify facts regarding equitable tolling and erred in not recognizing that issues of fact existed.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Pennsylvania Supreme Court extends contractor liability for obvious defects in completed work.
The Pennsylvania Supreme Court addressed whether a contractor bears the risk of future injuries regarding hidden (latent) defects in its work if an owner is also aware of a defect but chooses not to correct it.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Regular use exclusion lives—for liability claims, at least.
Progressive’s insured, Frisbie, had been driving her brother’s vehicle for approximately a month while her own vehicle was experiencing mechanical issues.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Defendant did not have constructive notice of uncovered manhole to satisfy requirements of New Jersey Tort Claims Act.
The New Jersey Appellate Division affirmed granting of summary judgment for the City of Newark in a case where a manhole cover became dislodged during a heavy rain storm. The plaintiff lost control of her car after driving over the open manhole.
Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.