Publications
Federal District Court Finds Post-Incident Human Factors Review of Product Manual to Be Discoverable
In this product liability case, the plaintiff’s wife lost control of the ATV she was operating and died in a fatal accident.
Expert Testimony on Permanency of Respiratory Injury Requires Reference to Empirical Data
This matter involved a plaintiff’s claim that he developed reactive airway disease syndrome (RADS) from exposure to the fogging disinfectant HaloSpray.
Florida Senate Passes Bill Regulating Food Delivery Apps
The Florida Legislature unanimously passed a bill to regulate food delivery platforms such as Uber Eats and DoorDash.
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