Second Department Grants Demand for Cell Phone Records in Motor Vehicle Accident Case

On July 24, the Appellate Division, Second Department issued a ruling upholding the denial of a protective order with respect to cell phone records. The case arose from a 2017 accident in Levittown, New York after a motor vehicle struck a pedestrian as they were crossing the street.  The accident occurred at approximately 6:00 p.m. The driver of the motor vehicle left the scene. They then denied any involvement in the accident. Several months later, the pedestrian brought an action against the driver to recover damages for personal injuries he allegedly sustained as a result of the accident. Continue reading “Second Department Grants Demand for Cell Phone Records in Motor Vehicle Accident Case”

Nassau Supreme Court Hears Case Regarding “Necessary Emergency Health Services”

The Nassau Supreme Court case involved an individual injured in an accident in which their blood-alcohol content was .15%. The toxicology report taken by the hospital also showed the individual had THC in her system at the time of admission to the hospital room. The Hospital submitted a bill for hospital services to the insurer in the amount of $43,212.59. After learning of the toxicology report, the insurer requested verification in the form of a breakdown of which hospital services constituted emergency health services.

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Court Rules Car Insurance Company Can Be Reimbursed

The New Jersey Supreme Court ruled in favor of a national auto insurer which sought reimbursement from a third party after the insured was involved in a car accident. Law360 reported that GEICO was allowed to be reimbursed for medical expenses from the insurance company of a convenience store that was sued by a drunk driver who bought a bottle of vodka from the store and consumed it before getting behind the wheel.

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Doctrine of “Danger Invites Rescue” Applied to Permit Recovery by Firefighter of Underinsured Benefits

In a recent ruling, the Appellate Division, Second Department applied the “danger invites rescue” doctrine in an unusual manner. The suit arose from injuries sustained by a firefighter who came to the aid of a car accident victim, who was trapped in his wrecked vehicle. The firefighter was injured while attempting to extract the motorist using the “jaws of life.” The injury occurred to the firefighter’s right shoulder when he and three other firefighters tried to lift the roof from the mangled vehicle in order to save the motorist inside.

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