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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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