Publications
Superior Court of Connecticut Denied Summary Judgment in Sexual Assault Case Where One of Defendant’s Truck Drivers Assaulted a Co-Employee.
In this matter, the plaintiff alleged she was sexually assaulted by a co-employee, S. Baugh.
Case Law Alerts, 4th Quarter, Octo
Defendant’s Motion for Summary Judgment Was Denied As Its Truck Was Stolen and the Thieving Driver Caused an Accident and Injury to the Plaintiff.
This action involved a motor vehicle collision where the defendant’s (Sam’s Construction) construction vehicle was stolen by the co-defendant, M. Richards, who caused an accident injuring the plaintiff.
Case Law Alerts, 4th Quarter, Octo
Middle District of Florida Rejects Defendant’s Argument that Dash Cam Video Should Be Protected as Attorney Work Product.
A dash cam in a tractor trailer was originally unrecovered because it was detached from the truck in the subject collision. Defense counsel and its retained expert ultimately recovered the video in an inspection of the vehicle wreck.
Case Law Alerts, 4th Quarter, Octo
New Jersey Appellate Division Overturned Decision Granting a Township Summary Judgment on an Issue of Potholes and Failure to Repair a Roadway.
A bicyclist was injured when he swerved to avoid a vehicle and fell after striking multiple potholes in the roadway.
Case Law Alerts, 4th Quarter, Octo
Second Circuit Held Defendant Not Entitled to Summary Judgment on Vicarious Liability Claims When It Hired Taxi Company to Transport Defendant’s Employee and Taxi Driver Drove Intoxicated, Causing an Accident.
Metro-North Commuter Railroad hired a taxi driver through Hudson Valley Transportation to transport the plaintiff. The taxi driver was speeding and driving erratically before crashing into a ditch.
Case Law Alerts, 4th Quarter, Octo
Court of Appeals Affirmed Decision Ordering New Trial, Citing Decision Against the Weight of the Evidence, After Jury Found Against Plaintiff.
In a fact pattern that is highly typical, this matter presented as a clear defense liability for failing to stop at a red light and significantly exaggerated injury claims by a plaintiff.
Case Law Alerts, 4th Quarter, Octo
Federal District Court Rejected Newly-Named Defendant’s Motion to Dismiss Based on Statute of Limitations After Discovery Revealed Case of Mistaken Vehicle Identity.
This decision may very well go down for its reference to “two identical metallic mint green 1964 Buick Skylark convertibles.” The plaintiff originally sued ACAM Transport, but discovery later revealed that the red tractor-trailer that struck the p
Case Law Alerts, 4th Quarter, Octo
NJ Supreme Court Holds, Affiant of Merit Need Not Review Medical Records of Injured Party and Need Not Specifically Identify an Agent for Whom Named Defendant Is to Be Held Vicariously Liable.
The plaintiff filed a medical malpractice action against multiple defendants and filed an Affidavit of Merit (AOM) prepared by Dr. J. Fallon. Dr.
Case Law Alerts, 4th Quarter, Octo
PA Superior Court Reaffirms Need for Expert Testimony in Support of Claim for Corporate Negligence and Provides Further Clarity as to ‘Obvious Negligence.’
The Superior Court of Pennsylvania found that expert testimony was still required in a matter involving an alleged defective toilet provided to a patient post surgery that broke and resulted in a fall and injuries to the patient.
Case Law Alerts, 4th Quarter, Octo
PA Superior Court Reverses Grant of Summary Judgment Based on Gross Negligence Where Expert Opinions Are Sufficiently Supported by the Record.
The Superior Court of Pennsylvania found that a grant of summary judgment in favor of the defendant-hospital was improper where the medical records, in the light most favorable to the plaintiff, created genuine issues of material fact regarding wh
Case Law Alerts, 4th Quarter, Octo