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Publications
Superior Court of Connecticut Dismissed Claim that an Accident Could Have Been Avoided if Trucking Company Had Installed a Collision Mitigation System Aboard Its Truck
This matter involved an accident where a box truck driver fell asleep and veered to one side of the road, flipping the vehicle in the process. An approaching freightliner was unable to avoid colliding with the vehicle.
Delaware Supreme Court Denies Transportation Company’s Insurer’s Appeal of Order When Its Insured Defaulted
This action involved a motor vehicle collision where the named defendants defaulted, and an order was entered against them for failure to provide discovery and participate in the litigation.
In Interpreting Dram Shop Rule, Violation of Law by an Establishment Gave Rise Only to Negligence Action
This case involved a motor vehicle accident involving an allegedly intoxicated and underage driver and a pedestrian. At the time, the 20-year-old intoxicated driver struck the 18-year-old intoxicated pedestrian, causing catastrophic injuries.
Federal District Court Denied Spoliation Motion Where Plaintiffs Attempted to Argue that a Bus Company Failed to Preserve Video
The plaintiffs’ sought to obtain a preclusion of expert evidence and adverse inference at trial for failure to maintain video after an infant plaintiff disembarked one school bus and was struck by another company’s school bus, causing serious inju
Southern District of New York Judge Rules that Plaintiff Failed to Meet the Serious Injury Threshold
This matter may be a perfect example of the strategic benefit of litigating in federal court as opposed to New York State courts whenever possible.
Ohio Appeals Court Affirms Dismissal of Complaint by the Estate of Decedent Who Intentionally Created Accidents with Tractor Trailers
A fantastic set of facts saw a lower court’s ruling affirmed by the appellate court when a motorist/decedent, whose actions were interpreted as “intentional” and could ultimately have been suicidal, created two collisions with tractor trailers whi
Court Dismissed Several Counts Against Transportation “Broker” on Basis of Vicarious Liability, but Held that Issue of Negligent Entrustment of Driver May Ultimately Go to Jury
In a tragic, fatal collision between a tractor trailer and a passenger vehicle, which was disabled after striking a deer, the issue presented to the court was relative to whether a “broker” company that arranged for the specific motor carrier to s
An “Almost Perfect Storm of Events” Warranted Additional Time to File an Affidavit of Merit
The plaintiff and her husband, by way of a per quod claim, initiated a medical malpractice action against the defendants for, among other things, their alleged failure to administer pain injections at the correct vertebrae of the plaintif
Pennsylvania Superior Court Holds that Trial Court Correctly Entered Nonsuit on Plaintiff’s Corporate Negligence Claim for Failing to Show Actual or Constructive Knowledge
The trial court entered nonsuit on the plaintiff’s corporate negligence claim as the case did not involve any kind of systemic negligence on the part of the hospital.
Pennsylvania Superior Court Holds that, Under Section 311 of MCARE, Matters Reviewed Do Not Require a Document Be Specifically Reviewed by a Patient Safety Committee
The trial court had ordered production of patient safety reports which were (i) prepared in accordance with MCARE, (ii) intended to be confidential, and (iii) contained information identical to that conveyed to the Pennsylvania Patient Safety Auth