Motor Vehicle Law: For purposes of determining diminution of value in a motor vehicle, court holds that offers to purchase the vehicle made by experienced vehicle dealers with knowledge of the accident history, mileage, and post-accident repairs is the best evidence

January 16, 2025
Peter K. O'Keefe
Auto Accidents

Plaintiff seeks damages for the loss of use and diminution of value of his motor vehicle following an automobile accident. Plaintiff was the owner of a vehicle which he had purchased new and which had been driven approximately 31,000 miles…

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Motor Vehicle Law: Court follows the majority view and holds that it is legally sufficient for a defendant to raise as a special defense the plaintiff’s failure to mitigate his or her damages

January 16, 2025
Joseph M. Busher
Auto Accidents

The plaintiff claims to have sustained injuries and losses arising from a motor vehicle collision allegedly caused by the negligence of the defendant. The defendants asserted the following special defense: “The Plaintiff's claim is barred by his failure to mitigate…

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Motor Vehicle Law: Court holds that relation back doctrine applies to plaintiff’s amended complaint and saves the new allegation from being time barred by Connecticut General Statutes § 52-584

The plaintiff seeks to amend his complaint to add an additional allegation, and the defendant objects on the grounds that the new cause of action set forth in the amended complaint is time barred by the two-year statute of limitations…

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Insurance Coverage: Court concludes that automobile insurance carrier has a duty to defend and indemnify against third-party claims for diminution of value of property

Amica Mutual Insurance Company’s Duty to Defend and Indemnify The plaintiff, Amica Mutual Insurance Company, seeks a judicial determination regarding its duty to defend and indemnify its insured. This issue arises after its insured struck a motor vehicle owned by…

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Insurance Coverage: Insurer’s motion to strike uninsured motorist claim is denied after court finds sufficient allegations in the complaint for a trier of fact to decide whether there is a causal connection between the alleged negligence of an unknown motor vehicle operator and the fatal injuries sustained by the plaintiff’s decedent after he was struck by another vehicle while attempting to cross the street to render aid to those involved in the accident caused by the unknown operator

Background of the Plaintiff’s Uninsured Motorist Claim The plaintiff, administratrix of the decedent’s estate, filed a complaint against the defendant, Liberty Mutual Insurance Company, asserting a claim for uninsured motorist benefits. The defendant moves to strike the entire complaint on…

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Insurance Coverage: Court grants insurer’s motion for summary judgment on the grounds that all-terrain vehicle operated by plaintiff was not covered under the terms of the policy and therefore plaintiff is not entitled to uninsured motorist benefits

Background of the ATV Collision Case The plaintiff brought a four-count amended complaint against several defendants after his Yamaha All-Terrain Vehicle (ATV) was allegedly hit head-on by the defendant’s motor vehicle. Specifically, the plaintiff brought one count against New South…

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Insurance Coverage: Court applies Pennsylvania law to interpret the plaintiff’s auto insurance policy, allowing stacking

Background and Claims in the Case At the time of the underlying motor vehicle accident, the plaintiff was insured by State Farm Mutual Automobile Insurance Company under a policy that entitled the plaintiff to recover damages if he was injured…

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INSURANCE COVERAGE: Court holds that plaintiff lacks standing to bring direct claims against insurance company as plaintiff is not a named insured nor an intended third-party beneficiary and there has been no claim for subrogation or a final judgment entered regarding liability

Overview of the Case The defendant, Progressive Casualty Insurance Company, moves to dismiss several counts of the plaintiff’s complaint for lack of subject matter jurisdiction. The plaintiff brought this action against Progressive, GL Transport, LLC, and the individual driver regarding…

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Motor Vehicle Law: Federal Court grants plaintiff’s motion to remand wrongful death lawsuit back to Connecticut State Court after finding no fraudulent joinder of defendants

September 9, 2024
Jackson O'Keefe
Auto Accidents, Motorcycle Accidents, Personal Injury & Wrongful Death

The plaintiffs, family members and representatives of the decedent, brought this action against the defendant, who was operating her vehicle as an Uber driver when she struck and killed the decedent. In Connecticut Superior Court, the plaintiffs named the Uber…

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Motor Vehicle Law: Court declines to award double or treble damages in motor vehicle tort action due to plaintiff’s failure to present sufficient evidence supporting a claim for recklessness

September 9, 2024
Jackson O'Keefe
Auto Accidents, Personal Injury & Wrongful Death

The plaintiff brought this action to recover damages for injuries he sustained in a motor vehicle accident wherein he was a passenger in the vehicle owned and operated by the defendant. The plaintiff’s complaint alleged negligence in the first count,…

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