News & Analysis as of

Car Accident Summary Judgment

Marshall Dennehey

NY Appellate Division Reverses Trial Court, Grants Summary Judgment to Middle Vehicle in Rear-End Collision

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Portorreal v. Mann, et al., 237 A.D.3d 1120 (2d Dept 2025) - The owner and operator of the middle vehicle in a three-vehicle accident moved for summary judgment. The moving defendant argued that it was stopped 5 to 10 feet...more

Marshall Dennehey

Florida Court Affirms Summary Judgment Based on Unrebutted Testimony of Phantom Vehicle in Rear-End Collision

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Allstate Fire & Cas. Ins. Co. v. Schroeder, No. 1D2023-3363, 2025 WL 1174126 (Fla. 1st DCA Apr. 23, 2025) - This case arises out of a multi-vehicle accident in which the operator of the rearward vehicle claimed that she was...more

Marshall Dennehey

Appellate Division Affirms Dismissal of Wrongful Death Suit Against Hospital and Co-Employee in Fatal Parking Lot Accident

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Jameel, etc. v. Dember, et al., No. A-1225-23 (April 28, 2025) - A wrongful death and survivorship action arising from a fatal accident in a hospital employee parking lot was dismissed after the New Jersey Appellate Division...more

Marshall Dennehey

Court Affirms Dismissal of Product Liability Claim Over Absence of Driver-Assistance Features

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Berkoski v. Honda Motor Company, Ltd., 328 A.3d 986 (N. J. Super., App. Div. 2025) - This product liability action centered on a fatal auto accident; a head-on collision that the plaintiff claimed could have been prevented if...more

Marshall Dennehey

Connecticut Court Denies Summary Judgment in Uninsured Motorist Claim Over Unexhausted Coverage Limits

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Latney v. Fernandez, 2025 WL 457693, No. HHD-CV-23-6168441S (Sup. Ct Hartford, Feb. 6, 2025) - The Superior Court of Connecticut denied a motion for summary judgment to dismiss a claim for uninsured motorist benefits because...more

Marshall Dennehey

Federal Court Dismisses Negligence Claim Against USPS Due to Late Filing and Lack of Evidence

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Allen v. United States, 2025 WL 35468, No. 24-99-KSM (E.D. Pa. Jan. 3, 2025) - A federal court dismissed a negligence claim against the United States Postal Service (USPS) after the plaintiff failed to timely oppose the...more

Tyson & Mendes LLP

Off the App, Off the Hook: Defeating Vicarious Liability

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A recent Florida appellate decision offers a valuable blueprint for insurers and corporate legal teams seeking to limit exposure in questionable vicarious liability claims. In Campo v. Uber Technologies, Inc., the Third...more

Marshall Dennehey

Waiver of Civil Remedy Notice Defenses: Florida Court Rules Against Insurer in Bad Faith Case.

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Darryl Vachon v. The Travelers Home & Marine Ins. Co., Fla. 2d DCA, No. 2D2023-2674, February 14, 2025 - The insured was injured in 2011 when he was rear-ended by a driver who had a $10,000.00 insurance policy. The insurance...more

Maynard Nexsen

Ninth Circuit Upholds No Bad Faith Ruling in Third-Party Insurance Case

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With an increasing trend of nuclear excess verdicts around the country against individuals unable to pay millions of dollars, third-party bad faith lawsuits are on the rise. Frequently, attorneys will represent a plaintiff in...more

Marshall Dennehey

Superior Court of Connecticut Granted Summary Judgment in Negligent Entrustment Action Where Plaintiff Sought to Sustain Their...

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D’Elia v. Liberty Mutual Insurance Company et al., 2024 WL 2931140 (Sup. Ct. Waterbury, June 3, 2024) - In this matter, a vehicle rented by defendant ELRAC, LLC to Mr. Edreice Harrell, but operated by an unknown driver, was...more

Rumberger | Kirk

Third DCA Holds that Insurer and Insured Can Agree to Alternative Means of Policy Cancellation

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On April 10, 2024, Florida’s Third District Court of Appeal held that an insurer and its insured can mutually agree on an alternative method of canceling an insurance policy, notwithstanding policy language providing...more

Tyson & Mendes LLP

Crash Course: Why Summary Judgment Misses the Mark in Illinois Multi-Cause Limousine Crash Collision

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In Johnson v. Illinois State Toll Highway Authority, a limousine ride to the airport turned catastrophic when an unlicensed, speeding driver named Aaron Nash (“Nash”) missed a lane shift through a construction zone and...more

Marshall Dennehey

Appellate Court Affirms Trial Court’s Grant of Summary Judgment to Defendant, Finding that Plaintiff Failed to Vault the Verbal...

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McGovern v. Basich, No. A-3951-21, 2023 WL 8613540 (N.J. Super. Ct. App. Div. Dec. 13, 2023) - This case arose from a motor vehicle accident in which the plaintiff had a green light when her car was struck by the defendant’s...more

Parker Poe Adams & Bernstein LLP

The Latest Major Developments in NC and SC Business Litigation

Employers in South Carolina faced with litigation might have an easier time winning motions for summary judgment, noncompete agreements remain in the crosshairs, and the North Carolina Supreme Court offered some rare how-to...more

Marshall Dennehey

Defendant Driver Succeeds on Summary Judgment Where there Was No Evidence of Negligence When Driver Collided with a Turning...

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Glass-Hill v. Gordon, 2023 Wl 5202615, No. N21C-11204 (SPL) (Del. Super. Ct. Aug. 14, 2023) - This action involved a motor vehicle collision where the facts were not in dispute. It was agreed the plaintiff approached an...more

Marshall Dennehey

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

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O’Neal v. Allstate Insurance Co., 2023 WL 4704684 - 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...more

Marshall Dennehey

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

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Loftus v. Three Palms Croaker Park, LLC, 211 N.E.3d 771, Ohio App. 8 Dist., 2023 - 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...more

Marshall Dennehey

Supreme Court Finds Distinction in Applicability of Law Enforcement’s Governmental Immunity

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Adesokan v. Town of Bloomfield, 347 Conn. 416, 297 A.3d 983 (2023) - This is a very interesting appeal involving whether a police officer holds a special defense of governmental immunity in the appellant’s underlying personal...more

Marshall Dennehey

The Delaware Superior Court Dismisses a Pedestrian’s Case in an Unavoidable Accident

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O'Neal v. Allstate Ins. Co., No. N22C-03-226 MAA, 2023 WL 4704684 (Del. Super. Ct. Jul. 21, 2023) - In a somewhat unusual case, the Delaware Superior Court found that the plaintiff’s negligence in crossing the street...more

Marshall Dennehey

New Jersey Superior Court Concludes That Grant of Summary Judgment on Basis of New Jersey Tort Claims Act Was Improper Because a...

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Angeles v. Ruiz, Not Reported in Atl. Rptr., 2023 WL 3669914 - The trial court found that the defendant/township and its snowplow driver were entitled to summary judgment after an accident that occurred while the snowplow...more

Marshall Dennehey

New York Court Affirmed Trial Court’s Denial of Plaintiff’s Motion for Summary Judgment and Held That a Party Should Be Afforded a...

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Cruz v. Fanoush 183 N.Y.S.3d 320 (Mem), (N.Y. App. Div. 2d Dept. 2023) - The plaintiff commenced a personal injury action following a motor vehicle accident. The plaintiff moved for summary judgment on the issues of liability...more

Marshall Dennehey

Appeals Court Held That Alleged Violation of Ohio’s Assured Clear Distance Ahead Statute Qualified as a Separate Cause of Action,...

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Kerns v. Hale, 2023 WL 2820467, No. 21-CA-3970 (Ohio App. Apr. 4, 2023) - This matter involved a pedestrian and motor-vehicle accident—the defendant struck two individuals walking on a highway off-ramp, who were allegedly...more

Marshall Dennehey

Supreme Court of New York, Appellate Division Affirmed Trial Court’s Grant of Summary Judgment in Favor of Plaintiff on Issue of...

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Mei v. Cheung 187 N.Y.S. 3d 311, (N.Y. App. Div. 2d Dept. 2023) - The plaintiff was struck by the defendant’s vehicle as she crossed the street. Through deposition testimony, the plaintiff demonstrated that she crossed in the...more

Marshall Dennehey

Supreme Court of New York, Appellate Division Reversed Trial Court’s Denial of Defendant’s Motion for Summary Judgment on Issue of...

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Ohl v. Smith 186 N.Y.S. 3d 721, (N.Y. App. Div. 3d Dept. 2023) - The plaintiff was the front seat passenger of a vehicle that turned left in front of the defendant. The defendant claimed he had the right-of-way, and thus...more

Marshall Dennehey

Delaware Court Finds ‘Issue of Fact’ Precluding Summary Judgment, Despite Metadata in Photograph Files Proving the Issue, That the...

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This action involved a motor vehicle collision where the factual dispute at issue on summary judgment addressed whether the plaintiff had timely filed her complaint. The plaintiff filed her action on November 3, 2020,...more

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