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New Jersey District Court Affirms Irrelevance of Breach of Contract Claims in Cases Involving Woerner Actions.

The plaintiffs had maintained a professional liability insurance policy with Hanover from October 2017 to October 2019. They alleged that the policy was secured through USI, an insurance broker. Case Law Alerts, 1st Quarter, January 2024 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

11th Circuit Court of Appeals Vacates Ruling Against Plaintiff in Amusement Park Discrimination Case

In this case, the plaintiff argued that the amusement park imposed discriminatory eligibility criterion, in violation of the ADA, when it refused to permit him to ride on the Krakatau Aqua Coaster as he presented with only one hand, but no prosthe Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Dashboard Camera Video Footage Evidence Used to Affirm Motion for Summary Judgment

In an action for underinsured motorist coverage resulting from a vehicle-pedestrian accident, the defendant moved for summary judgment, asserting there was no genuine issue of material fact that the driver was not negligent. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Motorist’s Duty Does Not Include Duty to Slow Down in Anticipation of Danger Not Yet Apparent If Driver Is Otherwise Exercising Reasonable Care

The plaintiff, Glass-Hill, was making a left turn at the intersection of 495 South and Philadelphia Pike when Gordon, a southbound driver on Philadelphia Pike in the right lane passing a stopped truck in the left lane, struck her. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

County Court Rules in Favor of Insurer Regarding Application of the 2007 Medicare Part B Non-Facility Limiting Charge

This suit involved the legal issue of whether or not the insurer was required to reimburse the plaintiff pursuant to the 2007 non-facility limiting charge and, if so, whether this reimbursement would require the insurer to remove a budget neutrali Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Not Every Rear-End Collision Is the Exclusive Fault of the Rearmost Driver

A passenger in the leading vehicle, a taxi, filed suit for personal injuries against the driver of the leading vehicle, the driver of the following vehicle, and the owner of the following vehicle after a rear-end collision. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Remote Management of a Restaurant Is Not Enough to Find an Employee Was Acting Within the Scope and Course of His Employment

The issue in this case was whether the employee was in the course and scope of employment and/or acting in furtherance of the employer’s business at the time of the car accident. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Filing a Writ of Summons Will Not Toll the Statue of Limitations If Subsequent Actions Stall Litigation

Dewitt Wimbs appealed from the order entered in the Court of Common Pleas of Allegheny County (trial court) that granted Molly Wolfson’s preliminary objections based on the statute of limitations and dismissing his personal injury complaint. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.