NEXT
Sign in to follow

New York Law Journal

Hazard Vehicles: When Does Reckless Disregard Standard Apply?

Kenneth E. Pitcoff and Kevin G. Faley write: Some might be surprised to discover just how much protection is afforded to those who operate hazard vehicles, such as street sweepers and snowplows—even more than that provided to police vehicles and ambulances. Recently, courts have continued to expand protections for these hazard vehicles by broadening the interpretation of the "actually engaged in work" language and liberally interpreting what behavior should be considered reckless.
21 minute read

Daily Report Online

First Trial Ends With Brawling Jurors, Second With a Defense Verdict

A few months after a jury room fight caused a mistrial in a highway wreck case, a Clayton County jury returned a defense verdict for the John Doe driver who was accused of causing the wreck.
8 minute read

The Recorder

Minick v. City of Petaluma

By | September 06, 2016
3 minute read

New Jersey Law Journal

Suits & Deals: Pedestrian Paralyzed by Vehicle Strike

A woman rendered paraplegic when she was struck by a vehicle received the proceeds of a $5.5 million settlement on Aug. 4 in her suit, Rodriguez v. Jaynes.
7 minute read

New Jersey Law Journal

Appeals Court Overturns $19M Verdict in Motorcycle Crash Case, Orders New Trial

A New Jersey appeals court has overturned a $19 million verdict in a motorcycle injury case, citing the cumulative effect of erroneous evidentiary rulings and prejudicial comments by the trial judge.
10 minute read

The Legal Intelligencer

Davis v. Wright, PICS Case No. 16-1061 (C.P. Philadelphia Aug. 2, 2016) Robinson, J. (7 pages).

By | September 02, 2016
Three injured parties in a motor vehicle accident were the only witnesses to what happened. On the death of the alleged at-fault driver, the two remaining parties had not yet been deposed and thus were barred from testifying under the Dead Man's Act. Plaintiffs objected and cited case law in support of their positions, but the court showed that the cases cited were inapplicable to that purpose. Plaintiffs' attempt to use police testimony failed since he was not an eyewitness to the accident and his opinion as to the cause was not deemed an admissible expert opinion. The court recommended its decision be affirmed on appeal.
6 minute read

The Legal Intelligencer

Milano v. Commerce Square Partners, PICS Case No. 16-1064 (C.P. Philadelphia July 19, 2016) Sylvester, J. (13 pages).

By | September 02, 2016
Employee in an office building slipped and fell on the polished floor and sustained a hip injury with persistent nerve pain. A jury trial determined there was insufficient evidence to determine negligence on the part of any of the defendants, and plaintiff sought several possibilities of reintroducing the evidence of remedial work done after the fall and revisiting the verdict in her motions for a new trial or JNOV. The court, in its review on appeal, found that the trial court neither abused its discretion nor committed evidentiary errors, which were in accordance with the Pennsylvania Rules of Evidence. The appellate court found no basis for a new trial or JNOV and recommended denial of plaintiffs' appeal.
9 minute read

The Legal Intelligencer

Newton v. Olympus America Inc., PICS Case No. 16-1064 (C.P. Philadelphia July 5, 2016) New, J. (2 pages).

By | September 02, 2016
Failure of plaintiff to file a concise statement of matters complained of in his appeal of the May 2016 court order caused him to waive all issues for the appellate court. The court requested the appellate court affirm its order from April 25, 2016.
3 minute read

The Legal Intelligencer

Defense Verdict in Slip-and-Fall on Sidewalk Ice

By | September 01, 2016
On Jan. 26, 2013, between 10 and 10:30 p.m., Joshua Sirchio, 33, a senior director at a real estate brokerage, slipped in the 150 block of Sixth Avenue, in Conshohocken. He had been walking home when he slipped on a patch of ice, fracturing his right ankle.
8 minute read

New Jersey Law Journal

McCormick v. State of New Jersey

By | September 01, 2016
AOM Required When Public Entity Sued Based on Professional Employee's Negligence
5 minute read

More from ALM

More from ALM

Legal Speak is a weekly podcast that makes sense of what’s happening in the legal industry.

Resources

  • The Role of Evolving Support Structures in Optimizing Legal Talent

    Brought to you by BigHand

    Download Now

  • Corporate Monitorship Advisory Services

    Brought to you by HaystackID

    Download Now

  • AI-Powered Deposition and Medical Record Summaries: Low Risk, High Reward

    Brought to you by Parrot

    Download Now

  • Aligning Client Needs with Lawyer Growth and Profitability

    Brought to you by BigHand

    Download Now