Publications
A Gas Station Store Was Not Liable for a Slip and Fall When There Was No Evidence as to the Duration of the Alleged Dangerous Condition
The plaintiff slipped and fell in the defendant’s gas station store. The plaintiff parked his tractor trailer in the parking lot to purchase gas and fuel.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal District Court Recognizes Important Limitations on “Post-Sale Duty to Warn”
A product may be defective if it is sold without adequate warnings. But what if a manufacturer learns new safety information after a product is already on the market?
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal Court Dismisses Wrongful Death Action Against an Online Food Delivery Platform
The parents of a pedestrian brought an action for wrongful death and negligent infliction of emotional distress against DoorDash, alleging that a delivery driver negligently struck and killed the pedestrian while making a food delivery requested t
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Supreme Court Finds Distinction in Applicability of Law Enforcement’s Governmental Immunity
This is a very interesting appeal involving whether a police officer holds a special defense of governmental immunity in the appellant’s underlying personal injury lawsuit.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
The Delaware Superior Court Dismisses a Pedestrian’s Case in an Unavoidable Accident
In a somewhat unusual case, the Delaware Superior Court found that the plaintiff’s negligence in crossing the street outweighed the negligence of the driver who hit the plaintiff and granted summary judgment in favor of the defendant.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Insurance Provider Granted Summary Judgment Based on an “Aircraft Liability Exclusion” Within Its Policy
This matter involved a petition by Travelers, seeking a declaration that it did not owe a duty to indemnify or defend its insured in a personal injury lawsuit pursuant to its “Aircraft Liability Exclusion.”
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal Court Denies Plaintiff’s Motion for Summary Judgment After Further Analysis of “Corporate Liability”
This matter involved a collision between a train and a tractor-trailer. The plaintiff moved for summary judgement with respect to the defendants’ negligence, and the motion was denied.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Southern District Court Limits Admissibility of Statements Made to Plaintiff’s Physicians at the Time of Trial
This decision relates to several motions in limine and the Southern District Court’s determination as to what evidence was not admissible at trial.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal District Court Finds that Mental Health Records Are Not Discoverable Under Ohio State Law
While the plaintiff claimed that, following his motor vehicle accident with the defendants’ semi-trailer truck, he suffered from “head pain, neck pain, headaches, sensitivity to light, sensitivity to sound, trouble concentrating, memory loss…and m
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
Federal Court Dismisses Portions of Plaintiff’s Claims Against Insurer for Failing to Pay UIM Benefits
The plaintiff was involved in a motor vehicle accident and claims to have sustained serious personal injuries. The plaintiff had $600,000 in underinsured/uninsured motorist coverage with his insurer.
Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.