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Tag Archives: motor vehicle accident

Torts: Motor-Vehicle Accident-Underinsured Motorist Coverage-Denial of Coverage

Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s grant of judgment on the pleadings to plaintiff in its declaratory-judgment action. P.B. was killed in a motor-vehicle accident with his grandmother Dawn Chiodo and Chiodo’s ...

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Torts: Motor-Vehicle Accident-Underinsured Motorist Coverage-Denial of Coverage

According to a personal injury lawyer the district court properly applied the statutory definition of an “insured,” there was no error in denying defendant’s claim for UIM benefits. Defendant, trustee for the heirs and next-of-kin of P.B., appealed from the district court’s ...

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Torts: Motor-Vehicle Accident-References to Liability Insurance

The parties cross-appealed from the judgment in plaintiff’s motor-vehicle-accident case. Defendant appealed the entire judgment and the denial of her motion for a new trial, while plaintiff challenged the reduction of the verdict based upon the percentage of fault assessed ...

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Torts: Motor-Vehicle Accident-Liability for Accident in Backed-up Traffic-Proximate Cause

Plaintiffs appealed from the district court’s adverse grant of summary judgment in their motor-vehicle negligence claim. Plaintiffs sought damages from Roy Brice, who rear-ended a vehicle; the accident caused a severe backup on the highway. Plaintiffs were caught in the ...

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Insurance: Motor-Vehicle Accident-Insurer’s Motion to Intervene

Plaintiff suffered serious injuries when he was struck by a rental truck driven by Patricia Hollandsworth and rented by Daniel Clymens. Hollandsworth was moving her belonging from Clymens’ house; Clymens had an auto policy issued by defendant. Hollandsworth rejected defendant’s ...

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Insurance: Motor-Vehicle Accident-Underinsured Motorist Coverage-Limits on Coverage

  Plaintiff appealed from the district court’s grant of declaratory judgment to defendant, plaintiff’s auto insurer, after defendant refused to convey UIM coverage following plaintiff’s car accident, pursuant to the definition of an underinsured motorist and the anti-stacking provision in ...

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Trans Am driver loses bid for punitive damages

A man whose classic car was hit from behind will take home an award of more than $41,000 for property damage and bodily injury but will not receive punitive damages or pain-and-suffering compensation. Douglas Johnson sued Ivan Ordonez in March ...

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Negligence: Motor-Vehicle Accident- Exclusive Remedy of Workers’ Compensation- Dual Employment

Plaintiff was injured when defendant fell asleep at the wheel of their tractor-trailer. Defendant was transporting goods as an independent contractor and mentoring plaintiff for the carrier’s training program. The district court dismissed plaintiff’s claim as barred by the workers’ ...

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