Automobile Liability

Thought Leadership

Case Law Alerts
NY court reversed denial of summary judgment to vehicle manufacturer/distributor, finding they made prima facie case showing they were not vicariously liable for actions of franchisee dealership and that plaintiff did not raise triable issue of fact.
July 1, 2023
by Brittany E. Bakshi
Case Law Alerts
Delaware Superior Court grants plaintiff’s motion for new trial because the evidence of record demonstrated plaintiff sustained a compensable injury, obligating the jury to award plaintiff some amount of monetary damages.
July 1, 2023
by Brittany E. Bakshi
Case Law Alerts
New York court affirmed trial court’s denial of plaintiff’s motion for summary judgment and held that a party should be afforded a reasonable opportunity to conduct discovery prior to determination of motion for summary judgment.
July 1, 2023
by Brittany E. Bakshi
Case Law Alerts
Supreme Court of New York, Appellate Division affirmed trial court’s grant of summary judgment in favor of plaintiff on issue of liability where plaintiff made prima facie showing of negligence against defendant, who failed to raise triable issue of fact.
July 1, 2023
by Brittany E. Bakshi
Case Law Alerts
Supreme Court of New York, Appellate Division reversed trial court’s denial of defendant’s motion for summary judgment on issue of liability because record evidence demonstrated that defendant proved he was absolved of liability under emergency doctrine.
July 1, 2023
by Brittany E. Bakshi
Case Law Alerts
New Jersey Superior Court concludes that grant of summary judgment on basis of New Jersey Tort Claims Act was improper because a genuine issue of material fact existed regarding the cause of motor vehicle accident.
July 1, 2023
by Brittany E. Bakshi
Is Porsche Paving a New Sales Model or Will Dealerships Still Have a Collection of Cars?
January 11, 2023
Risk Management
Managing Liability for Videoconferencing While Driving
January 3, 2023
by Brad E. Haas
Case Law Alerts
Court’s reasoning in overturning summary judgment in favor of defendant, finding an issue of fact as to whether plaintiff suffered a serious injury pursuant to NY Ins. Law § 5102, could open door to opposing summary judgment in liability cases.
January 1, 2023
Case Law Alerts
Work product privilege is waived where a party inadvertently produced incident report in discovery and delayed in asserting work product privilege.
January 1, 2023
Case Law Alerts
Summary Judgment Granted as Defendant Did Not Return to Status Quo After Failing to Issue Interest Owed on Premium Refund Check After Rescinding the Policy for Material Misrepresentation by the Insured
January 1, 2023
Case Law Alerts
Defendant’s Motion for Summary Disposition/Judgment Granted Because Demand Letter Did Not Comply with Statute Where Ledger Attached to Demand Letter Reflected a Zero Dollar Balance
January 1, 2023
Case Law Alerts
Information Regarding Payments Made to Third Parties in the Course of Exhausting PIP Benefits is Discoverable - Such Payments Do Form the Basis of a Litigious Issue That is Not Frivolous
January 1, 2023
Case Law Alerts
Defendant’s operation of emergency vehicle did not rise to level of reckless disregard to safety of others to meet standard for imposition of liability.
January 1, 2023
by Brittany E. Bakshi
Case Law Alerts
City and Transportation Department entitled to qualified immunity and driver’s own actions were sole proximate cause of the accident.
January 1, 2023
by Brittany E. Bakshi
Case Law Alerts
Summary judgment reversed as completely divergent accounts of the accident presented triable issues of fact.
January 1, 2023
by Brittany E. Bakshi
Case Law Alerts
Jury verdict reversed on the issues of liability against the defendants and future pain and suffering in a motor vehicle/bus accident case.
January 1, 2023
by Brittany E. Bakshi
Defense Digest
The “Innocent Plaintiff” Fair Share Argument Gains Momentum
October 1, 2022
by Edward J. Tuite
Federal District Court Comments on Fair Share Act’s Applicability in Cases Involving a “Faultless” Plaintiff in Light of Spencer v. Johnson
July 13, 2022
by Brad E. Haas
Case Law Alerts
DE Superior Court determines that insurance company must indemnify defendant based on MCS-90B.
July 1, 2022
Case Law Alerts
NY Supreme Court Appellate Division explains that failure to pay policy limits by insurance company does not constitute bad faith.
July 1, 2022
Case Law Alerts
PA Superior Court determines the “regular use” exclusion is unenforceable.
July 1, 2022
Case Law Alerts
Biomechanical engineer permitted to testify as to how an accident occurred, but not with respect to the plaintiff’s ability to withstand physical forces.
April 1, 2022
Case Law Alerts
CT Superior Court sets relevant baseline for pain and suffering from head and back symptoms absent any traumatic brain injury diagnosis or surgical intervention.
April 1, 2022
Case Law Alerts
Question of whether student justifiably relied on school’s representation that it was safe to walk to remote parking location was province of the jury.
April 1, 2022
Case Law Alerts
Marriage is not enough to establish privity related to collateral estoppel or res judicata.
April 1, 2022
Case Law Alerts
Discovery rule does not apply to toll statute of limitations where plaintiff failed to timely discover secondary basis for liability.
January 3, 2022
Case Law Alerts
Florida Supreme Court decides that financial relationship between defendant’s automobile liability insurer and his expert witnesses is discoverable.
January 3, 2022
Defense Digest
The Fair Share Act in Spencer Is Not the Law, But It Just Might Become the Law
December 1, 2021
by Thomas McKenzie
Mandatory Policy Limit Disclosure: How Pre-suit Negotiations in NJ Are Set to Change
September 3, 2021
by Michael J. Sweeney

NY court reversed denial of summary judgment to vehicle manufacturer/distributor, finding they made prima facie case showing they were not vicariously liable for actions of franchisee dealership and that plaintiff did not raise triable issue of fact.

Delaware Superior Court grants plaintiff’s motion for new trial because the evidence of record demonstrated plaintiff sustained a compensable injury, obligating the jury to award plaintiff some amount of monetary damages.

New York court affirmed trial court’s denial of plaintiff’s motion for summary judgment and held that a party should be afforded a reasonable opportunity to conduct discovery prior to determination of motion for summary judgment.

Supreme Court of New York, Appellate Division affirmed trial court’s grant of summary judgment in favor of plaintiff on issue of liability where plaintiff made prima facie showing of negligence against defendant, who failed to raise triable issue of fact.

Supreme Court of New York, Appellate Division reversed trial court’s denial of defendant’s motion for summary judgment on issue of liability because record evidence demonstrated that defendant proved he was absolved of liability under emergency doctrine.

New Jersey Superior Court concludes that grant of summary judgment on basis of New Jersey Tort Claims Act was improper because a genuine issue of material fact existed regarding the cause of motor vehicle accident.

Is Porsche Paving a New Sales Model or Will Dealerships Still Have a Collection of Cars?

Managing Liability for Videoconferencing While Driving

Court’s reasoning in overturning summary judgment in favor of defendant, finding an issue of fact as to whether plaintiff suffered a serious injury pursuant to NY Ins. Law § 5102, could open door to opposing summary judgment in liability cases.

Work product privilege is waived where a party inadvertently produced incident report in discovery and delayed in asserting work product privilege.

Summary Judgment Granted as Defendant Did Not Return to Status Quo After Failing to Issue Interest Owed on Premium Refund Check After Rescinding the Policy for Material Misrepresentation by the Insured

Defendant’s Motion for Summary Disposition/Judgment Granted Because Demand Letter Did Not Comply with Statute Where Ledger Attached to Demand Letter Reflected a Zero Dollar Balance

Information Regarding Payments Made to Third Parties in the Course of Exhausting PIP Benefits is Discoverable - Such Payments Do Form the Basis of a Litigious Issue That is Not Frivolous

Defendant’s operation of emergency vehicle did not rise to level of reckless disregard to safety of others to meet standard for imposition of liability.

City and Transportation Department entitled to qualified immunity and driver’s own actions were sole proximate cause of the accident.

Summary judgment reversed as completely divergent accounts of the accident presented triable issues of fact.

Jury verdict reversed on the issues of liability against the defendants and future pain and suffering in a motor vehicle/bus accident case.

The “Innocent Plaintiff” Fair Share Argument Gains Momentum

Federal District Court Comments on Fair Share Act’s Applicability in Cases Involving a “Faultless” Plaintiff in Light of Spencer v. Johnson

DE Superior Court determines that insurance company must indemnify defendant based on MCS-90B.

NY Supreme Court Appellate Division explains that failure to pay policy limits by insurance company does not constitute bad faith.

PA Superior Court determines the “regular use” exclusion is unenforceable.

Biomechanical engineer permitted to testify as to how an accident occurred, but not with respect to the plaintiff’s ability to withstand physical forces.

CT Superior Court sets relevant baseline for pain and suffering from head and back symptoms absent any traumatic brain injury diagnosis or surgical intervention.

Question of whether student justifiably relied on school’s representation that it was safe to walk to remote parking location was province of the jury.

Marriage is not enough to establish privity related to collateral estoppel or res judicata.

Discovery rule does not apply to toll statute of limitations where plaintiff failed to timely discover secondary basis for liability.

Florida Supreme Court decides that financial relationship between defendant’s automobile liability insurer and his expert witnesses is discoverable.

The Fair Share Act in Spencer Is Not the Law, But It Just Might Become the Law

Mandatory Policy Limit Disclosure: How Pre-suit Negotiations in NJ Are Set to Change

Firm Highlights

Marshall Dennehey Announces 2026 Ohio Super Lawyers and Rising Stars

Best Lawyers in America Recognition

The Ohio Supreme Court Extends Sham-Affidavit Rule to Contradictory Expert Reports

106 Marshall Dennehey Attorneys Recognized in the 2027 Editions of The Best Lawyers in America® and the Best Lawyers: Ones to Watch® in America

Pennsylvania Superior Court Reaffirms Liberal Pleading Standard in Medical Malpractice Actions

Summary Judgment Secured, Preserving $750,000 in Coverage for Insured in Major Trucking Liability Dispute

Summary Judgment Secured for Life Insurance Agent

No-Cause Jury Verdict Secured in Wrongful Death Trial

Defense Verdict in Complex Medical Malpractice Trial

Jason Banonis Named Attorney of the Year by the Pennsylvania Defense Institute