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Appellate Court Declines Opportunity to Apply Government Immunity in Bicycle Accident Case Against City

Posted in Auto Accidents
Late last year, an appellate court in New York issued a written opinion in a bicycle accident case, affirming a lower court’s decision not to apply governmental immunity. In the case, Turturro v. City of New York, the court determined that the alleged negligence was regarding a “proprietary function,” rather than a governmental one, and... read more
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The Spoliation Rule: A Party’s Duty to Preserve Evidence That May Be Relevant to an Upcoming Trial

Posted in Auto Accidents
One can easily imagine a world in which a defendant fearful of an upcoming lawsuit destroys internal company documents that the defendant knows may be harmful to its case. This fear of the destruction of evidence in anticipation of litigation gave rise to the doctrine of spoliation. Essentially, the doctrine of spoliation allows for a judge to... read more
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Court Finds Department of Transportation Cannot Be Held Liable for Injuries Caused by Potentially Dangerous Driver

Posted in Auto Accidents
Earlier this month, an appellate court in West Virginia issued a written opinion in a personal injury case filed against the state’s department of transportation by the son of a woman who was killed in a car accident. In the case, Department of Transportation v. King, the court determined that the Department of Transportation (“the... read more
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