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MOTOR VEHICLE TORTS: Trial court finds state employee not immune from liability where claims against him in his individual capacity did not allege that he was acting within scope of his employment

Plaintiffs were injured when a vehicle driven by a state employee collided with their vehicle.  They filed a four-count complaint against the employee and the state.  Two counts were asserted against the state, alleging that the employee was acting within…

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MOTOR VEHICLE TORTS: Superior Court strikes plaintiff’s allegation that defendant drove recklessly where plaintiff failed to plead specific facts to support conclusory claim

The plaintiff brought suit against the defendant based on injuries he sustained in a motor vehicle collision. In the first count of his complaint, plaintiff alleged his injuries were caused by the defendant’s negligence, and in the second count, plaintiff…

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INSURANCE COVERAGE: Appellate Court holds underinsured motorist benefits not triggered by accident where injured motorist not “occupying” an insured vehicle

An employee of a roofing company was exiting a company truck and walked past its rear bumper when he was struck by another vehicle.  The employee sought underinsured motorist benefits from the defendant insurer under the roofing company’s commercial auto…

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PERSONAL INJURY: Appellate Court holds plaintiff failed to show existence of unmarked crosswalk at location where he was struck by defendant’s vehicle

The plaintiff, during the course of employment as a delivery driver, was struck and seriously injured while crossing the street at night, during a heavy rainstorm.  The defendant was a state employee driving a state-owned vehicle and did not see…

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PERSONAL INJURY: Superior Court holds car owner who loaned vehicle to driver while driver’s own car was being repaired not vicariously liable for driver’s negligence

The defendant driver was operating a vehicle loaned to him by the defendant auto body shop that was painting his vehicle when he was involved in a motor vehicle accident.  The plaintiff sued the driver for negligence and the auto…

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MOTOR VEHICLE TORTS: Superior Court holds that wrongful death action alleging motor vehicle accident was cause of premature birth and death of twin fetuses cannot proceed without supporting expert testimony as to causation

At the time of the motor vehicle accident at issue, the plaintiff was pregnant with twins.  Four weeks post-accident, the plaintiff gave birth prematurely at 23 weeks and the twins did not survive.  The plaintiff and her husband sued, alleging…

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INSURANCE LAW: An insured’s written request for a lesser amount of uninsured motorist coverage complied with statutory requirement was a question for the court, not the jury

Plaintiff, who was injured in a motor vehicle accident, sued the other driver and two insurers, including the insurer of a corporate owner of a fleet of cars for uninsured/underinsured coverage. The plaintiff alleged that insurer’s policy provided $1 million…

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