Brian M. Bangay

The plaintiff was catastrophically injured in a single motor vehicle collision when the vehicle, driven by the defendant driver, lost control after traversing a dip in a rural road.

The plaintiff sued the driver and the municipality, alleging the road was in a state of non-repair.

The plaintiff and the driver entered into a Mary Carter agreement and jointly pursued the municipality for liability.

The court found that the dip in the road did not constitute a state of non-repair, as it did not pose an unreasonable risk to an ordinary reasonable driver.

The court concluded the collision was caused by the driver's excessive speed and distraction from opening a beverage bottle.

The action against the municipality was dismissed.

The plaintiff in a motor vehicle accident case brought a motion to exclude potential jurors who pay auto insurance premiums, arguing they have an inherent conflict of interest.

The plaintiff sought to introduce survey evidence suggesting residents would limit damages to lower their premiums.

The court excluded the survey evidence as inadmissible hearsay that failed the threshold test for expert evidence.

The court dismissed the motion, finding no statutory basis in the Juries Act to exclude such jurors or permit a broad challenge for cause, and no evidence of widespread bias to justify striking the jury notice.

Following a boating accident, the appellant faced multiple actions for damages.

He was covered by three insurance policies: a primary boat owner's policy, a home owner's policy, and a personal liability umbrella policy (PLUP).

The application judge ruled that after the primary boat owner's policy was exhausted, the home owner's policy and the PLUP must contribute equally, relying on the Supreme Court's decision in Family Insurance.

The Court of Appeal allowed the appeal, finding that the home owner's policy and the PLUP were not of coordinate obligation.

The PLUP was a true excess policy, while the home owner's policy was primary.

Therefore, the PLUP is not required to respond until the limits of the home owner's policy are exhausted.