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Daily Report Online

Cobb Jury Awards Couple $20M in Tractor-Trailer Wreck Case

The husband was left with permanent brain damage when his car was hit by a tractor-trailer that ran a red light.
7 minute read

Daily Report Online

Lawyer: Ga. Insurance Limits Create Incentive to Force Trial

Insurers refuse to pay policy limits, even when the evidence shows the injury would likely be worth more. A Gwinnett County case is called "a perfect example."
12 minute read

The Legal Intelligencer

Jury Delivers Defense Verdict in Fender Bender Case

By | August 04, 2016
On Feb. 3, 2011, plaintiff Dennis Shepherd, a self-employed contractor in his 40s, was rear-ended on Street Road at Bustleton Pike, in Feasterville. He had stopped to make a left turn when his pickup truck was hit by a sedan. He claimed injuries to his left arm.
6 minute read

The Legal Intelligencer

Court Had Power To Reopen Case Over Car's 'Black Box' Data

A divided state Supreme Court has ruled that a judge overseeing a nonjury homicide by vehicle case had the discretion to call for additional evidence about the vehicle's "events data recorder"—akin to an airplane's "black box"—even though closing arguments had already taken place and neither party initially sought to introduce the additional evidence.
8 minute read

The Legal Intelligencer

Donaldson v. Davidson Bros., Inc., PICS Case No. 16-0912 (Pa. Super. July 14, 2106) Platt, J. (17 pages).

Trial court properly granted judgment on the pleadings in multiple vehicle accident because second truck company's bare bones loss of contract claim was legally insufficient even though trial court erred in relying on Aikens v. Balt. and Ohio R.R. Co., and public policy to bar the claim. Affirmed on other grounds.
5 minute read

The Legal Intelligencer

Jury Awards $155K in UIM Case

On Jan. 3, 2014, plaintiff Daniel Ancherani, 42, a pipe fitter/laborer, was rear-ended on Washington Avenue at Spruce Street, in Scranton. He had been stopped in order to turn into a mall's garage when his Mitsubishi Gallant was struck by a Honda Accord. He claimed neck and back injuries. He settled with the other driver for $100,000 but sought coverage from Government Employees Insurance Co. under his underinsured-motorist policy.
11 minute read

The Legal Intelligencer

Court Had Power to Reopen Case Over Car's 'Black Box' Data

A divided state Supreme Court has ruled that a judge overseeing a nonjury homicide by vehicle case had the discretion to call for additional evidence about the vehicle's "events data recorder"—akin to an airplane's "black box"—even though closing arguments had already taken place and neither party initially sought to introduce the additional evidence.
8 minute read

New York Law Journal

SUM Offsets: a Rare Reversal of 'Settled' Law

In their Insurance Law column, Jonathan A. Dachs writes: One of the more interesting insurance law questions posed to the courts in recent years involves whether an "SUM" carrier is entitled to a reduction in coverage for the amount(s) received from non-motor vehicle tortfeasors, such as municipalities, bars or medical providers. A recent Second Department decision has created a division in authority.
32 minute read

The Legal Intelligencer

Property Damage Settlement Won't Bar 'Loss of Contract' Claim

A company's decision to settle its property damage claims with a defendant in a multi-party motor vehicle case does not mean the economic loss doctrine will bar the company from later pursuing a loss of contract claim, the state Superior Court has ruled.
8 minute read

New York Law Journal

Liability and Emergency Responders: a U-Turn Around 'Kabir'

Kenneth E. Pitcoff and Andrea M. Alonso write that in 2011, the Court of Appeals drastically undercut the protection afforded to emergency responders under New York Vehicle and Traffic Law, holding that the "reckless disregard" liability standard only applied when emergency vehicle drivers were engaged in one of four categories of privileged conduct. Since then, appellate courts have greatly broadened the stringent 'Kabir' criteria in an attempt to fashion a realistic and workable model.
26 minute read

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