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Motor Vehicles › Appellate Courts

Marshall Dennehey

Appellate Court Reverses Summary Judgment, Finds Triable Issues of Fact in Vehicle Collision Liability Dispute

Marshall Dennehey on

Tsering v. Fifth Ave. Foods, LLC, 236 A.D.3d 703 (N.Y. App. Div. 2025) - On appeal, the Supreme Court of New York, Appellate Division reversed a trial court’s order granting summary judgment on the issue of liability because...more

Lowndes

Florida Appeals Court Reinforces Employer Liability Under Dangerous Instrumentality Doctrine Despite Use Restrictions

Lowndes on

A recent decision from Florida’s Fourth District Court of Appeal clarifies the scope of Florida’s “dangerous instrumentality” doctrine, reminding employers that having company vehicle policies alone may not be enough to avoid...more

Marshall Dennehey

Appellate Court Affirms Denial of New Trial, Finds Mockler Instruction Proper in Wet Roadway Collision Case

Marshall Dennehey on

Sivak v. Chrzanowski, 2025 WL 366090 (N.J. Super. Ct. App. Div. Feb. 3, 2025) - On appeal, the Superior Court of New Jersey, Appellate Division affirmed a trial court’s order denying the plaintiff’s motion for a new trial,...more

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

Ohio Court of Appeals Confirms Sovereign Immunity Does Not Apply to Municipal Transit Entity as to Operation of Motor Vehicle But...

Marshall Dennehey on

Moree v. Greater Cleveland Regional Transit Authority, 2024 WL 5221330, No. CV-22-969544 (Ohio Ct. App. Dec. 26, 2024) - This matter presents the issue of sovereign immunity for a standard motor vehicle accident....more

Husch Blackwell LLP

FAAAA Circuit Split Remains Unresolved as U.S. Supreme Court Denies Certiorari in Gauthier vs. TQL

Husch Blackwell LLP on

On January 13, 2025, the U.S. Supreme Court declined to grant certiorari in the case of Gauthier vs. Total Quality Logistics, leaving the decision of the Eleventh Circuit Court of Appeals intact. This means that freight...more

Carlton Fields

A Cautionary Note on Honking Your Own Horn

Carlton Fields on

On April 7, 2023, the Ninth Circuit Court of Appeals issued its decision in Porter v. Martinez, which addresses California’s law that prohibits honking a car horn except to warn of a safety hazard. Here, Susan Porter drove...more

Fuerst Ittleman David & Joseph

Florida Supreme Court Makes Clear that Bargain-for-Exchange is a Defense to Unjust Enrichment

Fuerst Ittleman David & Joseph on

On February 3, 2022, the Florida Supreme Court issued its opinion in Pincus v. American Traffic Solutions, Inc. clarifying that under Florida law, where a plaintiff has received adequate consideration in exchange for a...more

Faegre Drinker Biddle & Reath LLP

Georgia Supreme Court Will Address the Problem of Abusive “Apex” Depositions

Faegre Drinker Biddle & Reath LLP on

A frequent and vexing issue for corporate defendants, in products liability and other cases, is the demand for a deposition of the company’s CEO or depositions of other senior executives. Even when these executives were not...more

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