Insurance Coverage: Court denies insurance company’s summary judgment motion as statute of limitations tolled due to pandemic

The defendant, Allstate Insurance Company, filed a motion for summary judgment claiming that the plaintiff’s complaint was barred by the statute of limitations as her negligence claim was filed beyond three years after the date of her alleged injuries as…

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Premises Liability: Condominium owner obtains summary judgment as to area controlled by association, but is denied summary judgment as to common area unit owner repaired on his own

July 16, 2023
Philip R. Dunn, Jr.
Premises Liability, Slips and Falls due to Snow and Ice

The plaintiff tenant commenced this lawsuit against the defendants, Meriden Eastwood after the plaintiff was allegedly caused to slip and fall on January 21, 2019 in the parking lot and then again on January 25, 2019 on the exterior stairway…

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Premises Liability: Appellate Court finds condominium owner not liable for resident’s injuries from a slip and fall occurring on icy steps and walkway

Plaintiff, Herrera, a resident of the condominium unit owned by the defendant, alleged that he was returning home to his condominium at approximately 12:30 a.m. when he slipped and fell due to the icy condition of the exterior steps and…

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Insurance Coverage: District Court finds an insurer’s duty of care to explain coverage to insured where the insurer employs a licensed insurance agent, but denies the existence of any fiduciary relationship between insurer and insured

The plaintiff, Jeffrey Perry, brought suit against the defendant, his insurer, for alleged negligence and breach of fiduciary duty arising out of the advice he received from an insurance agent employed by the insurer regarding the plaintiff’s insurance needs. The…

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MOTOR VEHICLE LAW: Court denies defendant’s motion for summary judgment in vehicle rear-end collision case

Plaintiff, Hudak, filed a complaint against several defendants, alleging in one count that defendant Wilcott, suddenly and without warning, collided with the rear of the motor vehicle that the plaintiff was operating, causing the plaintiff to suffer injuries and losses.…

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MOTOR VEHICLE LAW: Trial Court denies Motion to Strike statutory recklessness count, finding jury could find recklessness based on conduct alleged

The trial court denied defendant’s Motion to Strike the statutory recklessness count in a rear-end collision. The court followed majority view that a claim for statutory recklessness is sufficient as long as it alleges that “the defendant deliberately or with…

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FIRM NEWS — PREMISES LIABILITY: In a case defended by Jackson O’Keefe, LLP, the Appellate Court affirms summary judgment for the defendant, holding there is no duty to control conduct of a third party where no special relationship existed

The Appellate Court upheld trial court’s granting of defendant homeowner’s Motion for Summary Judgment ruling that the defendant owed the plaintiff no duty. The estate of the decedent brought a negligence and premises liability against the defendant for failure to…

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INSURANCE LITIGATION: Superior Court denies motion to dismiss on lack of standing, holding that an issue of fact existed as to whether the alleged insured was insured on the date of the incident

September 16, 2020
Philip R. Dunn, Jr.
Insurance

This case arose out of a slip and fall where the plaintiff slipped and fell on Josue Jorge’s property. At the time of the incident, based on communications with a State Farm agent, the property owner believed that he had…

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MOTOR VEHICLE LAW: Trial court finds defendant insurance company had a right to apportionment of damages in a motor vehicle collision

The Superior Court denies a motion to strike the defendant’s apportionment claim. The court holds that the plaintiff’s underinsured motorist carrier may file an apportionment claim against a third party, even though the plaintiff did not name that party as…

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PREMISES LIABILITY: Jury returns defense verdict in dog bite case where plaintiff sought $1.5 million in damages where credibility was the key issue

The plaintiff brought a negligence suit against the owner of the property and her son, the dog owner, for negligence after the plaintiff was bit in the upper left calf. The case came down to whether the dog had previously…

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