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Publications
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.
Naked allegations of recklessness are sufficient to withstand preliminary objections.
The plaintiff in this matter was riding a zip line at a ski lodge when her legs forcefully struck the landing area. Her complaint alleged recklessness by the defendant, though no specific facts underpinning the reckless conduct were identified.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Assumption of risk unlikely to be a viable defense for preliminary objections.
The plaintiff in this matter alleged that he was harassed and assaulted by a deranged man while mentoring a student in the defendant restaurant, and he repeatedly requested help from the restaurant staff, which was ignored.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Information regarding payments made to third parties in the course of exhausting PIP benefits is discoverable. Such payments do form the basis of a litigious issue that is not frivolous.
This suit involved a medical provider seeking payment on treatment rendered to the plaintiff on dates of service June 11, 2018 through July 30, 2018. The defendant asserted exhaustion of benefits as its affirmative defense.
Case Law Alerts, 1st Quarter, January 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.