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Connecticut Law Tribune

Appeals Court Reinstates Personal Injury Case Over Black Ice

Summary judgment should not have been granted to the state Department of Transportation on claims it moved too slow to treat black ice on the Gold Star Memorial Bridge over the Thames River, a state appellate court held.
5 minute read

New Jersey Law Journal

Suits & Deals: Case of Road Fatality Caused by Runaway Trailer Settles for $1.75M

The family of a man who died in a collision with a tractor-trailer agreed to a $1.75 million settlement on Aug. 26 in their Morris County suit, Peltz vs. Mountain View Development & Contracting.
12 minute read

New Jersey Law Journal

Tort Law: Back to Basics

Two leading practitioners discuss significant tort and personal injury cases decided by the New Jersey Supreme Court this term.
70 minute read

New York Law Journal

Late Disclosure of Self-Serving Material

Trial practice columnists Robert S. Kelner and Gail S. Kelner address the manner in which the courts have addressed the untimely disclosure of fact witnesses and party submissions which conflict with existing evidence and are introduced for the first time in opposition to a summary judgment motion. They also discuss a recent change to CPLR 3212(b) which clarifies the consideration by the court of expert affidavits in summary judgment motions.
21 minute read

The Recorder

Regalado v. Callaghan

By | September 23, 2016
5 minute read

The Legal Intelligencer

Yost v. Farmers Ins. Grp., PICS Case No. 16-1146 (C.P. Monroe July 21, 2016) Williamson, J. (5 pages).

By | September 23, 2016
Injuries deriving from a car accident led to neck fusion surgery and continued chiropractic care. The insurer sought a peer review of the claim and called it unnecessary, and the injured and her medical treatment provider filed suit for payment of the bills plus legal fees. Insurers objected to the legal fees and filed a preliminary objection. The court clarified the differing issues involving the timing of the request and determined the question of legal fees could not be decided before trial. Preliminary objections were denied.
5 minute read

The Legal Intelligencer

Webb v. Volvo Cars of N. Am. LLC, PICS Case No. 16-1153 (Pa. Super. Sept. 9, 2016) Stabile, J. (25 pages).

By | September 23, 2016
Trial court erred in its jury instructions in action based on negligence and strict liability claims arising from a death in an automobile accident. Vacated and remanded.
7 minute read

The Legal Intelligencer

Zamora v. Pocono Manor Investors, PICS Case No. 16-1147 (C.P. Monroe July 20, 2016) Williamson, J. (6 pages).

By | September 23, 2016
When a minor patron of a restaurant was served alcohol, she became intoxicated and hurt herself on a glass door. She filed a complaint against the restaurant owners alleging violations of the Dram Shop Act and common-law negligence. The restaurant objected on grounds that she did not allege conduct that rose to the threshold of conduct warranting punitive damages and that the Dram Shop Act precluded common-law negligence. The court agreed with the restaurant on the first claim but found that the negligence claim was linked with the claim of serving alcohol to an underage recipient, granting their preliminary objections in part and denying in part.
4 minute read

New York Law Journal

Girau v. Europower, Inc.

By | September 23, 2016
'Supply Chain Defendants' Cannot Be Added To Hurt Worker's Suit Over Defective Hose
3 minute read

The Legal Intelligencer

Defendant's Back Injuries Pre-existed Crash, Jury Finds

By | September 22, 2016
On Oct. 10, 2012, plaintiff Carmelo Vargas, in his late 60s, was rear-ended while stopped at a red light on Susquehanna Road, at the intersection with Jericho Road, in Abington. He was in a Chevrolet sedan when it was struck by a Nissan sedan driven by Deborah Maria Gormley. He claimed back injuries, which resulted in a serious impairment of a bodily function.
6 minute read

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