On the morning of June 6, 2001, two and a half year old Brittney was left in the care of the Rene, who operated a daycare business at her home. Brittney did not exhibit any signs of injury prior to being dropped off at approximately8:30 a.m. that day. At approximately
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Pardalis & Nohavicka Insurance Coverage Update: Injury That Occurs After Car Parked Does Not "Arise Out of Use & Operation"
Where a claimant's injuries from an accident were produced other than as a result of the use or operation of the vehicle itself, no-fault first-party benefits are not available. Wife, a passenger in her husband's vehicle, fell while exiting the vehicle after her husband had parked the vehicle on the
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Pardalis & Nohavicka Motor Vehicle Negligence Defense Update: Once Again, Failure to Address Degeneration Fatal to Bronx Injury Claim
Claimant's expert, while stating that the accident caused an injury, failed to address evidence of degeneration in the x-ray reports of the lumbar spine found in his own records. Since there was no evidence of causation, serious injury claim could not survive. Given the lack of serious injury, the issue
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Pardalis & Nohavicka Subrogation Update: Expert Must Explain and Demonstrate Fire Cause & Origin
Utica First, issued a commercial property insurance policy to Michele Maniscalco and her husband, Salvatore Maniscalco, for their premises located at 430 Jefferson Street in Brooklyn. They leased the property to their company, Infinity Mechanical & Heating, Inc. On June 19, 2011, there was a fire at the building which
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LAW TREK SERIES INSTALLMENT 1: When Your Witness Shuts Down On the Stand
Going to court for any reason is not usually pleasant. The court environment is purposefully architected to evoke solemnity and gravitas: it can be a scary place. The most confident personality may find themselves paralyzed with fear or emotion causing a shutdown of memory. Having to take a seat in
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