Case Analysis : V. J. Foster Phillips Funeral Home, Inc. 2014 Ny Slip Op 50436

To state a claim for NIED, a plaintiff must show that: (1) he was located near the scene of the accident; (2) he sensorily and contemporaneously observed the accident; and (3) he and the victim are closely related. Sinn v. Burd, 404 A.2d 672, at 685 (Pa. 1979). There can be little dispute that Arnett was near the scene of the accident. However, whether Arnett sensorily and contemporaneously observed the incident and whether Nolan and Arnett are closely related are in question. This memorandum will address all three

Defendant submits the following Memorandum in Opposition to the Plaintiff’s motion to amend their complaint.

I submit this affidavit in support of Claimant’s Motion for Summary Judgment and Memorandum in Support of Claimant’s Motion for Summary Judgment.

The Plaintiff, Keller, sued the defendant, DeLong. DeLong was driving Kellers car at Tyngsboro, Massachusetts at approximately 11:40p.m. on April 14, 1963, DeLong collided with a utility pole at the side of the highway. The Trial Court ruled that the sole cause of the accident was the fact that the defendant dozed off to sleep and did not awaken in time to avoid collision with the pole. The driver showed no sign he was going to fall asleep. Defendant, Carl DeLong, suddenly and unexpectedly dozed at the time of the occurrence of the accident. Defendant, DeLong, was not found negligent. Vacated; reversed, affirming trial court’s judgment.

The motion for partial summary for the plaintiff was denied by the court and the objection was overruled without prejudice to raise the issue for consideration at trial.

Mr. Foster is student at Jacksonville State University. 2014 was his second year at Jacksonville, and he was taking a year off from studies to work and save money. Mr. Foster had gone home to Georgia for Christmas, but was returning to Jacksonville to pick up some Christmas gifts he had left at his apartment. He had stopped at Walmart in Jacksonville and was headed to his apartment in the late afternoon. He thinks he may have dosed off at the wheel he rounded a curve off of the town square, and “next thing I know” the traffic light was red and his vehicle struck the vehicle of the plaintiff. Mr. Foster concedes running a red light, but says it was raining and the asphalt was slick.

Reviewing the dispositions, the court denies plaintiff’s cross-motion for summary judgment on both its first and second causes of action….

Jeffery Calkin, the defendant, leased a vehicle for our client, Sage Rent-A-Car Inc., and was involved in a car accident with the plaintiff, Jane White. A negligence suit was filed by Ms. White against Mr. Calkin and our client, Sage Rent-A-Car Inc. The suit claims that our client is required to carry insurance and therefore has a duty to assume responsibility for this accident under the provisions of the Mandatory Financial Responsibility Act (MFRA).

As requested, I have reviewed the facts of the above-captioned file, along with the applicable law and summarized same in this memorandum. Mrs. Mary Smith suffered an injury to her right ankle in an automobile accident on 10/3/95. After surgery and months of rehabilitation, Mrs. Smith still suffers daily. I have researched the facts regarding a personal injury action against Paul Joseph, as well as a medical malpractice action against the medical providers.

The unintentional tort case that we have chosen to analyze through the use of various legal elements of tort law, is the wrongful death lawsuit filed against Porsche by Meadow Rain Walker for the death of her father, Paul Walker. On November 30th, 2013, famed movie star Paul Walker and friend, Roger Rodas, passed away in an unfortunate solo-vehicle collision in South California. At the time of the crash they were travelling in a 2005 Porsche Carrera GT when the car swerved off of the road and came in contact with a power pole and several trees before fire engulfed the car. Both Walker and Rodas perished due to injuries received in the crash.

Judicial History: The Long Island Railroad Company was found negligent in trial court for injuries to passenger Palsgraf. The appellate court affirmed judgement in favor of the plaintiff.

64(65) yr old Female- MVA- Claimant is a passenger in the sliver Nissan SUV. The Coca-Cola truck was traveling north on Bruckner Blvd when the driver of a sliver Nissan SUV cut from the left side of the Coca-Cola truck colliding with the driver’s side front of the Coca-Cola truck causing it to lose control and drive up over the sidewalk striking the decedent before coming to rest against an apartment building. According to the insurance adjuster for the Nissan the claimant injured her shoulder which has required surgery, she also is complaining of neck and back pain. PIP on the Nissan’s policy is currently paying for CM’s treatment.

In this case, Ms. William’s failure to produce medical records evincing the treatment she allegedly received prejudices Elephant to the extent that it is prohibited from confirming or otherwise assessing the injuries incurred by Ms. Williams. Further, in Ms. Bethune’s examination, she testified that she was involved in another accident just weeks after the accident that is the subject of this claim. As such, Elephant’s request for records from this prior accident are necessary to apportion damages between the two occurrences at issue in this matter. Therefore, Ms. Bethune’s failure to produce records involving her subsequent accident prejudices Elephant to the extent that it is unable to apportion damages between two occurrences that are closely related in time.

Mr Thomas Corr represented by his dependent widow (Plaintiff) seeking action against IBC Limited (defendant).