News & Analysis as of

Motor Vehicles Summary Judgment

Marshall Dennehey

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

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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

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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

NJ Court Rules Lack of Optional Driver-Assistance Tech Does Not Constitute Design Defect Under Products Liability Law

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Berkoski v. Honda Motor Company, et al., (App. Div. 2025) - The New Jersey Appellate Division was presented with a question about what constitutes a defective product or design under the New Jersey Products Liability Act when...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

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

Katten Muchin Rosenman LLP

D.C. Court Finds A Piggyback Statute Of Limitations In Segway-Crash Case

According to court filings, on October 11, 2019, a Segway struck Marilyn Kubichek and Dorothy Baldwin as they strolled along a D.C. sidewalk....more

Marshall Dennehey

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

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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

Marshall Dennehey

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

Marshall Dennehey on

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

Carlton Fields

Real Property, Financial Services, & Title Insurance Update: Week Ending February 14, 2020

Carlton Fields on

Real Property Update - Foreclosure / Standing: Where plaintiff was substituted in as a party plaintiff after original note was filed with the court, introduction of original note bearing blank indorsement into evidence at...more

Carlton Fields

Common Sense Prevails Over Dictionary Definitions: Rolling Trash Bins Are Not ‘Vehicles’ Judge Explains

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A federal judge recently refused an insured’s attempt to escape a policy exclusion by contending that a large “storage bin” on wheels was a “vehicle” under an exception to the exclusion, which prohibited coverage for costs...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Berkheimer v. HP Inc., Appeal No. 2017-1437 (Fed. Cir. Feb. 8, 2018) - In Berkheimer v. HP Inc., the Federal Circuit reviewed the District Court’s summary judgment finding that certain claims of a patent were invalid as...more

Pullman & Comley, LLC

Second Time Lucky: In Phantom Vehicle Cases, Ohio Insureds Can Now Corroborate Their Own Testimony

Pullman & Comley, LLC on

Hit-and-run drivers don’t always hit; some motorists recklessly cause accidents without making contact, then vanish from the scene. Victims in such cases can often obtain coverage under the uninsured motorist (UM) provisions...more

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