Small claims court; automobile accident; negligent entrustment; left turn violation; Evid.R. 401(A)(2); trial judge is presumed to know the law; no contest plea is not admissible in subsequent proceedings.
MTA driver sentencedFrancisco Rivera Jr., 53, of Baltimore, was sentenced yesterday in Baltimore City Circuit Court to six years imprisonment, with all but two years suspended, and three years probation, following his conviction in January on felony theft and conspiracy to commit felony theft, the Maryland attorney general's office said. During a three-day trial, prosecutors presented a jury with evidence that Rivera, a bus driver with the Maryland Transit Administration, forged bus passes that he supplied on April 17, 2003 to two accomplices. MTA detectives arrested the accomplices, Leon Scott and Leroy Stevenson, after twice observing them sell the phony passes. Police recovered 313 MTA day passes valued at $939 and $277 in currency from Scott and Stevenson, then arrested Rivera, acco...
The trial court did not err by entering summary judgment in favor of the plaintiff-insurance company in its action for a declaratory judgment that it had no duty to defend or indemnify claims against its insured, arising out of an automobile accident that caused the death of the defendant/third-party plaintiffs decedent. The trial court properly determined that the decedent was a statutory employee of the insured, under 49 C.F.R. 390.5, and that the relevant insurance policy, therefore, did not provide coverage for the decedents injuries or wrongful death.
All wrongful death and survival claims arising from the death of an insured in an automobile accident are subject to the $100,000 "each person" limit of his underinsured motorist coverage, the Louisiana Supreme Court has ruled in reinstating a summary judgment for the insurer. State Farm issued an automobile policy that provided underinsured motorist coverage with an "each person" limit of $100,000 and an "each accident" limit of $300,000. When an insured died in a car crash with an underinsured driver, his wife filed wrongful death and survival claims on behalf of herself, her husband's estate and the couple's three minor children.
CIVIL MISCELLANEOUS PROCEDURE/RULES: The trial court properly entered summary judgment in favor of defendants on plaintiffs claims for injuries she sustained in an automobile accident where the plaintiff filed her complaint on the last day of the two-year limitations period, but failed to perfect service on the defendants within one year of filing the complaint as required by Civ.R. 3(A). Plaintiffs action was considered to be commenced on the day service was perfected on the defendants, which was over three years after the accident, and, therefore, outside the limitations period. R.C. 2305.15(A)s tolling provisions do not extend the one-year time limitation within which to commence an action under Civ.R. 3(A). See Saunders v. Choi (1984), 12 Ohio St.3d 247, 466 N.E.2d 889.
...SUBCHAPTER B: CLAIMS AND ACCOUNTS. PART 536: CLAIMS AGAINST THE UNITED ..., related to postal matter, or an automobile accident. Discussions of these and many other diff...
The trial court did not err in granting summary judgment in favor of the defendant-appellee on the plaintiff-appellants agency and negligent entrustment claims, arising out of a hit-and-run automobile accident with an unidentified driver, where the record contained no evidence from which a trier of fact could conclude that the unidentified driver was an agent of the defendant-appellee or that the defendant-appellee entrusted the vehicle to the unidentified driver. Also, the trial court did not abuse its discretion by striking portions of plaintiff-appellants affidavit that were not based on personal knowledge and did not err in refusing to apply res ipsa locquitur where the plaintiff-appellant failed to satisfy the basic prerequisites for application of that doctrine.
A state grand jury has indicted three Paterson residents on charges that they staged an automobile accident in order to submit phony insurance claims. The state Office of the Insurance Fraud Prosecutor said Thursday that second-degree charges of conspiracy and health-care claims fraud and a third-degree charge of attempted theft by deception were filed against Iris Ojeda, 43, and her daughter Sacha Ojeda, 26, whose last known address was on 10th Avenue, and Felix Nieves, 54, whose last known address was on 12th Avenue. None could be reached for comment.
An order that disposes of fewer than all of the claims in an action, and contains a Civ.R. 54(B) determination that there is no just reason for delay, is appealable if the claim or claims disposed of are entirely disposed of and either of the following applies. First, are the disposed of claim(s) factually separate and independent from the remaining claim(s)? An example would be claims that are based on different transactions or occurrences such as one claim for slander and another for negligence because of an automobile accident. Second, if the claims are not factually separate and independent, do the legal theories presented in the disposed of claim(s) require proof of substantially different facts and/or provide for different relief from the remaining claim(s)?
Automobile damage, pothole. Site of accident not in maintenance jurisdiction of defendant. Case dismissed.
...of Transp., 2007-Ohio-3750.]. Court of Claims of Ohio The Ohio Judicial Center 65 South Front St...
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