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…
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…
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…
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…
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…
Jackson O’Keefe congratulates partner Philip R. Dunn, Jr. for obtaining a defendant’s verdict on September 25, 2019, in the matter of Santos v Johnson CV-176074184. This rear end collision in a parking lot resulted in a claim for $12,000.00 in…
The plaintiff brought an action against Travelers for a declaratory judgment that Travelers had a duty to defend and indemnify the plaintiff for a claim brought against a tenant of the plaintiff. Travelers argued the insurance policy covered Willard Donuts…
The plaintiff brought suit against Wal-Mart Stores, Inc. after she tripped and fell over a bulging mat in the vestibule of the store she claimed was negligently maintained. The defendant moved for summary judgment on the grounds that the bulge…
The plaintiff suffered serious injury when he was thrown from his motorcycle due to an oil slick in the road left by an unidentified vehicle. He filed a claim for uninsured motorist coverage under his insurance policy and the insurer…
The plaintiff alleged that she was sexually abused by a faculty member while she was a student at the defendant school from 1987 to 1988 and brought action against the school for failing to prevent the teacher’s conduct, failing to…