This loss falls within our 2012 contract year, our cover is 35% of $3,500,000 xs $1,500,000. Harco issued a Commercial Auto policy with limits of $5,000,000 effective 09/25/12 – 09/25/13. This claim involves a pedestrian accident in New York City during a rain storm. The insured’s bus was making a left turn with the green light in it’s favor and was 75% through the intersection when impact occurred with the pedestrian on the passenger side of the bus. Harco has secured a video of the accident, however, defense counsel notes it is of poor quality of the points of impact between the bus and the pedestrian. Of concern, the video does show the insured operator dropping his head to look down at his lap just seconds prior to the impact. Defense
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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
Plaintiff and defendant were teammates in an amateur hockey league sponsored by the Northbrook Park District. On April 20, 1990, plaintiff and defendant were warming up prior to a game. During warm-up, defendant shot a puck that missed the goal and hit plaintiff near the right eye. Plaintiff lost 80 percent vision in that eye.
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.
Jeffery Calkin, the defendant, leased a vehicle for our client, Sage Rent-A-Car Inc., and was involved in a car accident with that vehicle. Failing to stop at a stop sign, Mr. Calkin collided
Paul Imbree, the plaintiff , a supervising licensed driver has suffered a serious injury in a road accident in Northern Territory due to the negligence and breach of duty of care by Jesse McNeilly aged 16 years & 5 months old, the first defendant, and an inexperienced driver not possessing any driver/ learner’s permit.
The driver of vehicle 1 stated that he was having neck and chest pain after the collision. I asked driver 1 several times if he want an ambulance, he refused each time I offered. Driver 1 stated that his granddaughter was on her way to transport him and his wife to the hospital. The front passenger stated that
As a follow up to our phone conversation this date, Allstate investigated an intersection accident which occurred on October 4, 2016 in Fairfax, Virginia. Upon completion of our investigation found Geico insured Karen Finger to be the proximate cause of the loss and 100% liable. We determined Ms. Finger failed to maintain proper lookout and yield the right of way while attempting to make a turn and therefore was 100% liable for the loss. Allstate’s investigation found no liability on our insured driver, Nathaniel
Mr. Alvarado approached my client suddenly after running a red light. The negligence of your insured caused Ms. Tellez to collide into Mr. Alvardo’s left side of the door after Mr. Alvarado ran a red light. Ms. Tellez bags deployed, causing great damage to her car. See Photographs, attached as Exhibit A. The two-car collision occurred suddenly and without warning.
More significantly, the witnesses said they were knowledgeable that the claimant was involved in a recent automobile accident when he injured his “spinal cord” during the car crash where he was transported to a local emergency room for his injuries. They said the accident occurred in November
Mr. Frye attempted to collect on his automobile insurer Crimson Permanent Assurance Company. Crimson denied coverage. Mr. Frye brought suit against Crimson. Crimson moved for summary judgment on the basis that Carmon Frye was not occupying the vehicle and the damage to the vehicle was intentionally caused by Cameron Frye within the meaning of the policy. The policy defines occupying as “in, upon, getting in, on, out or off.” Under the policy “property damage to ‘your covered auto’ or any ‘non-owned auto’ that is intended or expected by you or any ‘family member.’” is excluded from
Paul Joseph, the other driver – Florida’s no fault law includes an “injury threshold” limiting law suits to claims of great bodily injury, permanent disability or disfigurement. Statutes, however, are unclear as to exactly what constitutes great bodily injury. It is unlikely that Paul Joseph would be named as a defendant in this action, as Mary’s PIP insurance would be the proper party. Under Florida’s Civil Remedy Statute, §624.155(1)(b), Mary’s insurance company is required to act in her best interests. Should they act in “bad faith” by failing to settle for a reasonable amount, Mary may sue for an amount which is “a reasonably foreseeable result of a specified violation of this section by the authorized insurer and may include an award or judgment in an amount that exceeds the policy limits.” Fla. Stat. §624.155(8) However, the statute goes on to state that “No punitive damages shall be awarded under this section unless the acts giving rise to the violation occur with such frequency as to indicate a general business practice and these acts are: (a) Willful, wanton, and malicious; (b) In reckless disregard for the rights of any insured; or (c) In reckless disregard
The plaintiff’s cause of action in this case would be the failure of Porsche to properly supply the 2005 Carrera GT with proper crash preventative measures and passenger safety features to protect the passengers of the car in the foreseeable event of a car crash. As a whole the case would be classified as alleged product liability negligence against Porsche, for failing to provide an electronic stability control system to protect against swerving to prevent crashes in a car that is advertised as a street legal race car. Also for providing side door reinforcements that fall below mass produced vehicles standards due to lack of proper welds and the poor strength of the material used, therefore inadequate to ensure safety of car passenger in the event of a crash. Lastly, for allowing a faulty gas line to be implemented in their
"[a]n insurance company has a duty to act in good faith in settling claims and a breach of that duty will give rise to a cause of action by the insured." Pasipanki v. Morton, 61 Ohio App. 3d 184, 185, 572 N.E.2d 234 (1990) (quoting Bean v. Metro. Prop. & Liab. Ins. Co., 9th Dist. No. 13543, 1988 Ohio App. LEXIS 4275, 1988 WL 114464 at *1 (Oct. 26, 1988)). Gekko did not act in good faith to settle Vic’s claim against Donna, and their failure to do so enables Donna has a cause of action against Gekko.
I have located the following cases and statues that I believe can be used as Affirmative Defenses for our client, Anheuser-Bush in the case of Justin King. Further, I believe the statute of limitation has expired for filing this auto accident claim for negligence, the Plaintiff is more than 50% negligent in his own injuries, therefore, modified comparative negligence, further, the plaintiff failed to wear protective headgear as is required in his resident state of Missouri.
Conclusion: Therefore for the above case I would say that the passenger would succeed in his negligence claim against the tramway authorities. As there was a duty of care owed by the driver and tramway authority which they had breached in result the plaintiff was