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Pennsylvania Court Issued Discovery Sanction Against Defendants for Late Production of Evidence, Opening Door to Questioning...

Brown v. Brooks, 2024 WL 5008506, No. 23-2966 (E.D. Pa. Dec. 6, 2024) - This matter involved a motor vehicle accident between the plaintiff and a laundry truck driver, and it illustrates the danger of errors during discovery....more

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

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

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

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

Southern District of Florida Punitively Enforces Discovery Schedule Against Insurance Company in an Uninsured Motorist Action

Morgan v. Standard Fire Insurance Company, 2024 WL 2782167 (S.D. Fla. Apr. 22, 2024) - Though this case involves a fairly straightforward issue of a plaintiff pursuing uninsured motorist insurance benefits from her own...more

Supreme Court of New Jersey Holds that a Low-Speed Electric Scooter Does Not Qualify Its User as a “Pedestrian” for the Purposes...

Goyco v. Progressive Insurance Company, No. 20-cv-1176 (CPO) (SAK) (D. N.J. Mar. 15, 2024) - Commercial trucking and transportation companies are often required to pay for medical and lost wage benefits pursuant to state...more

Second Circuit Held that Central New York Municipal Transit Services Changes in Signage Without Additional Structural Changes to...

Woods v. Centro of Oneida, Inc., 2024 WL 2888492, No. 22-2629 (2d Cir. June 10, 2024) - In an interesting matter addressing the requirement of busing operations to comply with the American Disabilities Act (ADA), the...more

Federal Court Holds There Is No Jurisdiction Over Amazon Logistics for Contracting With an Ohio Trucking Company that Was Involved...

Leyman v. Amazon Logistics, 2024 WL 2962784, No. 1:23-cv-828 (S.D. Ohio June 12, 2024) - This case arises out of a serious motor vehicle accident occurring in Texas with an Ohio trucking company that contracted with Amazon...more

Federal District Court Dismissed Plaintiff’s Claims for Negligent Hiring, Training, Retention, Supervision, and Entrustment

Brearey v. Ramsahai, 2024 WL 2848297, No. 24-cv-01693 (E.D. Pa. June 5, 2024) - Often in matters involving simple motor vehicle accidents, plaintiffs attempt to throw in claims relative to negligent hiring, training,...more

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

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