News & Analysis as of

Summary Judgment Liability Car Accident

Marshall Dennehey

Federal Court Dismisses Negligence Claim Against USPS Due to Late Filing and Lack of Evidence

Marshall Dennehey on

Allen v. United States, 2025 WL 35468, No. 24-99-KSM (E.D. Pa. Jan. 3, 2025) - A federal court dismissed a negligence claim against the United States Postal Service (USPS) after the plaintiff failed to timely oppose the...more

Tyson & Mendes LLP

Off the App, Off the Hook: Defeating Vicarious Liability

Tyson & Mendes LLP on

A recent Florida appellate decision offers a valuable blueprint for insurers and corporate legal teams seeking to limit exposure in questionable vicarious liability claims. In Campo v. Uber Technologies, Inc., the Third...more

Marshall Dennehey

Defendant Driver Succeeds on Summary Judgment Where there Was No Evidence of Negligence When Driver Collided with a Turning...

Marshall Dennehey on

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

Marshall Dennehey

New Jersey Superior Court Concludes That Grant of Summary Judgment on Basis of New Jersey Tort Claims Act Was Improper Because a...

Marshall Dennehey on

Angeles v. Ruiz, Not Reported in Atl. Rptr., 2023 WL 3669914 - The trial court found that the defendant/township and its snowplow driver were entitled to summary judgment after an accident that occurred while the snowplow...more

Marshall Dennehey

New York Court Affirmed Trial Court’s Denial of Plaintiff’s Motion for Summary Judgment and Held That a Party Should Be Afforded a...

Marshall Dennehey on

Cruz v. Fanoush 183 N.Y.S.3d 320 (Mem), (N.Y. App. Div. 2d Dept. 2023) - The plaintiff commenced a personal injury action following a motor vehicle accident. The plaintiff moved for summary judgment on the issues of liability...more

Marshall Dennehey

Appeals Court Held That Alleged Violation of Ohio’s Assured Clear Distance Ahead Statute Qualified as a Separate Cause of Action,...

Marshall Dennehey on

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

Marshall Dennehey

Supreme Court of New York, Appellate Division Affirmed Trial Court’s Grant of Summary Judgment in Favor of Plaintiff on Issue of...

Marshall Dennehey on

Mei v. Cheung 187 N.Y.S. 3d 311, (N.Y. App. Div. 2d Dept. 2023) - The plaintiff was struck by the defendant’s vehicle as she crossed the street. Through deposition testimony, the plaintiff demonstrated that she crossed in the...more

Marshall Dennehey

Supreme Court of New York, Appellate Division Reversed Trial Court’s Denial of Defendant’s Motion for Summary Judgment on Issue of...

Marshall Dennehey on

Ohl v. Smith 186 N.Y.S. 3d 721, (N.Y. App. Div. 3d Dept. 2023) - The plaintiff was the front seat passenger of a vehicle that turned left in front of the defendant. The defendant claimed he had the right-of-way, and thus...more

Marshall Dennehey

Tractor-trailer Slamming Into Traffic Stopped Due to Prior Accident Was a “Foreseeable Byproduct” of Initial Accident, Barring...

Marshall Dennehey on

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

Butler Snow LLP

Eleventh Circuit Affirms Summary Judgment for UIM Insurer in Alabama Bad Faith Case.

Butler Snow LLP on

In a recent unpublished opinion, the 11th Circuit upheld summary judgment for an auto insurer on claims of breach of contract, bad faith and outrage stemming from an underinsured motorist (UIM) claim. Voss v. State Farm Mut....more

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