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Superior Court of Connecticut Dismissed Claim that an Accident Could Have Been Avoided if Trucking Company Had Installed a...

Hunter v. Daimler Truck North America, LLC, 2024 WL 834592 (Sup. Ct. Waterbury, Feb. 22, 2024) - This matter involved an accident where a box truck driver fell asleep and veered to one side of the road, flipping the vehicle...more

Delaware Supreme Court Denies Transportation Company’s Insurer’s Appeal of Order When Its Insured Defaulted

Prime Insurance Company v. Cordova, 2024 WL 513706, No. 22, 2024 (Del. Feb. 9, 2024) - This action involved a motor vehicle collision where the named defendants defaulted, and an order was entered against them for failure to...more

In Interpreting Dram Shop Rule, Violation of Law by an Establishment Gave Rise Only to Negligence Action

Faircloth v. Main Street Entertainment, Inc., 2024 WL 972238 (Fla. Mar. 7, 2024) - This case involved a motor vehicle accident involving an allegedly intoxicated and underage driver and a pedestrian. At the time, the...more

Federal District Court Denied Spoliation Motion Where Plaintiffs Attempted to Argue that a Bus Company Failed to Preserve Video

Williams v. First Student, Inc., 2024 WL 1132237, No. 20-cv-1176 (CPO) (SAK) (D. N.J. Mar. 15, 2024) - The plaintiffs’ sought to obtain a preclusion of expert evidence and adverse inference at trial for failure to maintain...more

Southern District of New York Judge Rules that Plaintiff Failed to Meet the Serious Injury Threshold

Vadnais v. United States of America, 2024 WL 1101823, No. 21-cv-0012 (KHP) (S.D.N.Y. Mar. 13, 2024) - This matter may be a perfect example of the strategic benefit of litigating in federal court as opposed to New York State...more

6/27/2024  /  Bodily Injury , Car Accident

Ohio Appeals Court Affirms Dismissal of Complaint by the Estate of Decedent Who Intentionally Created Accidents with Tractor...

Estate of Coumbassa v. Hickle, 2023 WL 8234445, 2023-Ohio-4292 (Ohio App. Nov. 28, 2023) - A fantastic set of facts saw a lower court’s ruling affirmed by the appellate court when a motorist/decedent, whose actions were...more

Court Dismissed Several Counts Against Transportation “Broker” on Basis of Vicarious Liability, but Held that Issue of Negligent...

Allen v. Foxway Transportation, Inc., 2024 WL 0478015, No. 4:21-cv-00156 (M.D. Pa. Dec. 7, 2023) - In a tragic, fatal collision between a tractor trailer and a passenger vehicle, which was disabled after striking a deer, the...more

The Superior Court of Connecticut Accepts All of Plaintiff’s Subjective Complaints at Face Value.

Puglia v. Safeco Ins. Co. of Illinois, 2023 WL 8059335 (Sup. Ct. New Haven, Nov. 15, 2023) - This matter involved a simple uninsured motorist claim and damages dispute between the insured plaintiff and her insurance company....more

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

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

Trial Court Should Have Permitted Jury Instructions as to Driver’s Duty to 'Exercise Due Care' and Traveling in Excess of Speed...

Goddard v. J.S.J. Unlimited, LLC, 368 So.3d 109, 2023 WL 4982324 ((Fla. Dist. Ct. App. Aug. 4, 2023) - This case involved a defense verdict where the trial court denied the plaintiff’s requested jury instructions as to a...more

Court Denies Motion to Amend Complaint to Allege Spoliation Based Upon Failure to Preserve Dashboard Camera Made After Amendment...

Ortiz v. Stevenson, 2023 WL 6619674, No. 21-cv-17066 (EP) (ESK) (D. N.J. Oct. 11, 2023) - The present issue involves a plaintiff’s attempt to amend the complaint to allege spoliation of a dashboard camera. The plaintiff was...more

Permitting a Driver to Borrow a Vehicle with a Malfunctioning Gas Gauge Was Not a Proximate Cause of Deadly Accident Where Driver...

Biamonte v. Biamonte, 219 A.D.3d 683, 194 N.Y.S.3d 553 (2d Dept Aug. 16, 2023) - The decedent driver had borrowed a vehicle from the defendant owner that had a malfunctioning gas gauge. The decedent ran out of gas and was...more

While Transit Entity Was Not Entitled to Summary Judgment Based on Municipal Immunity Where Issue of Fact Existed Whether Bus...

Mencini v. Greater Cleveland Regional Transit Authority, 221 N.E.3d 200, 2023-Ohio-2299 (Ohio App. July 6, 2023) - This matter addressed the applicability of Ohio’s sovereign and municipal liability laws as they pertain to...more

Insurance Company Not Required to Defend and Indemnify School Bus Transportation Company or School District in Case of...

National Liability & Fire Insurance Co. v. Brimar Transit, Inc., 2023 WL 6172886 (3d Cir., Sep. 22, 2023) - In a case that could have a significant impact on school transportation companies and school districts that provide...more

When Confronted With Evidence That Defendant Could Have Avoided Accident, a Finding That Weather Caused Accident is Inappropriate....

Angeles v. Ruiz, 2023 WL 3669914, No. A-3751-20 (N.J. Super. App. Div. May 26, 2023) - The plaintiff was involved in a motor vehicle accident with a snowplow driver for the City of Kearney. While approaching an intersection...more

9/22/2023  /  Car Accident , Evidence , Liability

District Court Ruled Plaintiff’s Claim of Negligent Hiring, Retention, Training and Supervision Against Uber Failed as Matter of...

Karlen v. Uber Technologies, Inc., 2023 WL 3570635 No. 3:21-cv-835 (VAB) (D. Conn May 19, 2023) - The plaintiff alleged that on an Uber trip, intended to take the plaintiff from Philadelphia to Connecticut, the driver engaged...more

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

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

Appellate Division Decision Finds Attorney-Verified Pleadings Insufficient From Both Parties, Highlighting Need to Support...

Pemberton v. Montoya, 2023 N.Y. Slip Op. 02674, 2023 WL 3486551 (2d Dept May 17, 2023) - In a highly regular procedural development, the defendant in a vehicular accident failed to timely answer, and the plaintiff moved for a...more

Appellate Court Affirmed Trial Court’s Determination That Erroneous Admission of Evidence That Defendant Was Terminated as a...

The plaintiff, a nursing assistant, was sitting in the front seat of an ambulance that rear-ended a vehicle at a red light in poor weather conditions. The defendant maintained he was driving the speed limit, while the...more

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

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

Tractor-trailer Slamming Into Traffic Stopped Due to Prior Accident Was a “Foreseeable Byproduct” of Initial Accident, Barring...

This highly interesting decision claims to be in line with our jurisdictions, but it appears to carve out additional liability, even in situations where the party seeking summary judgment is not the proximate cause of the...more

Superior Court Ruled That a Failure to Include the Full Name of One of the Streets at the Location of an Alleged Defect in the...

The plaintiff served a standard notice, pursuant to Connecticut General Statutes § 13a-144, to set aside the state’s sovereign immunity with regard to a defect on state highways or sidewalks that allegedly caused a person to...more

4/5/2023  /  Defect , Highways , Roads

Though Defendant Was the Only Remaining Living Witness to the Motor Vehicle Accident, Summary Judgment Was Denied Because...

This action involved a motor vehicle collision where the defendant tried to merge onto a highway where the plaintiff’s vehicle was stopped at the top of the merge lane. In response to this, the defendant attempted to speed up...more

Trucking Company Was Able to Rebut the Presumption of Ownership of a Vehicle Allegedly Involved in a Motor Vehicle Accident With...

This matter involved an otherwise standard motor-vehicle action but with an alleged hit-and-run driver. The plaintiff, using a trailer license plate number, claimed the involved tractor-trailer belonged to the defendant,...more

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