Auto

Too Many Auto Accidents Stop Causation Chain (NY)

In Smith v. Gray, 2022 WL 1418973 (2d Cir. 2022), the Second Circuit Court of Appeals affirmed a judgment of the United States District Court for the Eastern District of New York, and the Court found that a physician’s expert report needs to be specific and undisputed if a defendant puts forth persuasive evidence that the plaintiff’s injury is related to a preexisting condition in order for a...Read More

Hope And Speculation Is Insufficient To Defeat Pre-Discovery Summary Judgment Motion (NY)

In Mauro v. City of New York, the Second Department recently addressed whether the defendants’ pre-discovery motions for summary judgment were premature. Plaintiffs in that case were involved in a motor vehicle accident when they came in contact with “an opening in the roadway caused by a missing manhole cover.” Defendants Keyspan Corporation and National Grid USA moved for summary judgment,...Read More

Defendant’s Motion To Amend Its Answer To Admit Averments It Previously Denied Two Years Previously Includes A Novel Attempt To Avoid Punitive Damages At Trial (PA)

A Lackawanna County judge has granted a defendant’s motion to amend his answer to admit averments that he had previously denied when filing the answer more than two years earlier.  In Bellersen v. Gill, Plaintiff, Gina Bellersen, was injured in a rear- end, chain collision motor vehicle accident in October 2018.   Defendant Gill was the last vehicle in the chain, and upon filing his initial...Read More

Bad Faith Underinsured Motorist Claim Requires at Least SOME Bad Faith (PA)

In a recent Eastern District Court of Pennsylvania case, Bond v. Geico, the court dismissed an underinsured motorist claim against the insurer where the policyholder brought vague, unsubstantiated, conclusory allegations of bad faith in the claim handling. Plaintiff in the case was an underinsured motorist under Pennsylvania statute who sought underinsured coverage from Geico (his own UIM...Read More

Insurers In SUM Arbitration Must Timely Seek Discovery Or Risk Losing The Right To Do So

In In the Matter of Arbitration Allstate Insurance Company and James M. Twomey, an insurer moved to stay arbitration of a supplementary uninsured/underinsured motorist (SUM) claim to compel discovery in aid of arbitration pursuant to CPLR 3102 (c). The Supreme Court denied the initial Petition and the insurer appealed. The Fourth Department affirmed, finding that the Supreme Court correctly...Read More

Burden Of Proof To Dispute Consent Under New York Vehicle And Traffic Law §388 (NY)

In Johari v. Patel, the Supreme Court, Kings County recently addressed whether a vehicle owner was entitled to summary judgment on the issue of whether the co-defendant driver was operating a vehicle without the owner’s consent. Plaintiff was a passenger in the vehicle and allegedly sustained injuries in a car accident. Plaintiff sued both drivers involved in the accident and the owner of the...Read More

Policyholders Inflate Estimates At Their Own Risk (PA)

A recent decision from the United States District Court for the Eastern District of Pennsylvania demonstrates the risks involved when an insurance policy holder inflates the replacement value of the property covered under their commercial insurance policy. See State Auto Prop. & Cas. Ins. Co. v. Sigismondi Foreign Car Specialists, Inc. No. CV 19-5578, 2021 WL 1343116 (E.D. Pa. Apr. 12,...Read More

Who Is Considered A Vehicle Owner Under New York Vehicle And Traffic Law §388? (NY)

In Walker v. Town of Webster, the Appellate Division, Fourth Department addressed whether a former vehicle owner was considered an owner for the purposes of liability under Vehicle and Traffic Law §388. Plaintiff in that case allegedly sustained personal injuries when he was struck by a vehicle operated by defendant Buck. However, plaintiff also sued defendant Osborn, who had transferred...Read More

Friends Keep Their Promises & Don’t Let Friends Drive Drunk (NJ)

Is an individual who volunteers and assures police officers during a car stop of an alleged drunk driver that he will take the drunk driver and his car safety home – but instead relinquishes the car back to the drunk driver before reaching that destination – civilly liable if the drunk driver then collides with and injures another motorist? In this case, Diaz v. Reynoso, police stopped a...Read More

What is Considered an Emergency? (NY)

In Penaranda v. Tesoriero, the Appellate Division, Second Department addressed whether the defendant – Gringhaus was entitled to summary judgment dismissing the plaintiff’s complaint in a hit-in-the-rear motor vehicle accident. Plaintiff alleged personal injuries in connection with a motor vehicle accident when the defendant – Tesoriero cross a double yellow line, entering the...Read More