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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.

The Court of Appeals Addressed Primary Assumption of the Risk Doctrine

Scholars wondered whether this doctrine would still be applicable because of recent New York cases stating that a plaintiff could be granted summary judgment on liability even if the plaintiff had comparative fault. See CPLR 1411. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

The Supreme Court of Pennsylvania Refused to Extend Civil Liability to Social Hosts Serving Alcoholic Beverages

The plaintiff was injured in a motor vehicle accident when he was struck by an employee of the defendant’s employer, who swerved across the center line of the road and into the plaintiff’s path. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Insurers’ Rights to Records from the New Jersey Office of the Insurance Fraud Prosecutor Affirmed

The insurance carrier brought a civil action against various medical providers, asserting an illegal kickback scheme in connection to New Jersey Personal Injury Protection (PIP) benefits.  Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.