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Articles Posted in Car Accidents

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Plaintiff’s Failure to Comply with Procedural Requirement Results in Dismissal of Lawsuit

Last month, a Georgia appellate court issued a written opinion in a personal injury case arising out of a car accident between the plaintiff and a government employee. Since the case was filed against a government entity, the plaintiff had to comply with certain additional requirements. One of the requirements was that…

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Appellate Court Permits Plaintiff’s “Bad Faith” Claim Against Insurance Company to Proceed Toward Trial

Earlier this month, an appellate court in Oklahoma issued a written opinion in a car accident case brought by a passenger who was involved in an accident against the driver’s insurance company. Specifically, the court had to determine if the lower court was proper in granting the defendant’s motions for…

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Court Reversed $1.2 Million Verdict in Wrongful Death Case, Based on Plaintiff’s Untrue Statements

Earlier this month, an appellate court in Nevada issued a written opinion affirming the reversal of a $1.2 million jury verdict in favor of a wrongful death plaintiff after a lower court determined that the plaintiff’s attorney committed fraud on the court. In the case, Adams v. Fallini, the court…

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Appellate Court Discusses Foreseeability in Recent Car Accident Case

Earlier this month, an appellate court in New York issued a written opinion in a personal injury case that required the court to discuss the foreseeability element of the plaintiff’s claim and determine if the plaintiff’s injuries were a foreseeable result of the defendant’s alleged negligence. Ultimately, in the case,…

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Plaintiff Unsuccessful in Car Accident Case Due to Failure to Establish Causation

Earlier this month, a state appellate court issued a written opinion in a car accident case that was brought by a woman who claimed that she was injured after the defendant ran her off the road. In the case, Long v. Arnold, the court affirmed the court’s decision below, ultimately…

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Court Holds Department of Motor Vehicles Is Not Liable in Car Accident Case

Earlier this month, an appellate court in West Virginia issued a written opinion in a case brought by the surviving family members of a woman who was killed in a car accident. In the case, Department of Transportation v. King, the court held that the DMV was entitled to governmental immunity,…

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Court Allows Civil Claim for Injuries Sustained During DWI Arrest to Proceed

The burden of proof is on the state to prove guilt beyond a reasonable doubt in driving while intoxicated (DWI) cases. A defendant can challenge evidence based on the police’s conduct at the time of the arrest. If a traffic stop or search violated a defendant’s constitutional rights, the court…

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Product Liability Plaintiffs’ Case Dismissed Based on Lack of Admissible Expert Testimony

Earlier this month, a federal appellate court affirmed the dismissal of a product liability case against Kia Motor Corporation (Kia), based on the fact that the plaintiff presented no admissible expert testimony to meet the required elements. In the case, Sims v. Kia Motors of America, the appellate court affirmed…

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Accident Victim’s Bad-Faith Claim Against Insurance Company Fails Based on Legitimate Dispute of Liability and Causation

Earlier this month, an appellate court in Kentucky issued an interesting opinion that is of interest to anyone dealing with a difficult insurance company after a Maryland car accident. In the case, Holloway v. Direct General Insurance Company, the court determined that the plaintiff’s bad-faith claim against the insurance company,…

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Car Manufacturer Victorious on Appeal of Alleged Breach of Implied Warranty of Merchantability

Earlier this month, an appellate court in Virginia issued a written opinion in a product liability case that ended up reversing a jury’s verdict in favor of the plaintiff. In the case, Holiday Motor Corp. v. Walters, the court set aside the jury’s verdict because the car manufacturer did not…

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