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Attorneys Malone and Novotny prevail on multi-vehicle accident summary judgment motion 

In a Wisconsin lawsuit involving a plaintiff, who sued the drivers, employers, and insurers of nearly 40 vehicles involved in multiple accidents in white-out conditions, attorneys Malone and Novotny obtained summary judgment for their driver, motor carrier, and insurer, with the court finding the plaintiff failed to present sufficient evidence of any causal connection between his injuries and most of the other vehicles on the highway, including our clients.  


Attorneys Malone and Novotny prevail at Minnesota Court of Appeals on Vicarious Liability Assault Case

Attorneys Malone and Novotny were pleased to obtain an Order affirming the district court’s grant of summary judgment on a case alleging our motor carrier client was vicarious liability for its driver’s assault of another commercial driver while refueling.  The district court judge found that a vocational consultant was not qualified to provide an opinion that assaults are a well-known hazard in the trucking industry and, therefore, the plaintiff failed to establish a genuine issue of material fact as to foreseeability.  The court of appeals affirmed, finding the district court did not abuse its discretion in excluding the expert’s affidavit or, in turn, in granting summary judgment to the motor carrier.  


Cousineau, Van Bergen, McNee & Malone, P.A. begins operating!

The attorneys from the Civil Litigation practice group at Cousineau McGuire Chartered are pleased to announce that they are now operating as Cousineau, Van Bergen, McNee & Malone, P.A. We look forward to this new beginning and are excited to continue providing our clients with the quality, dedicated, and effective representation and advocacy for which our attorneys are known.


Peter G. Van Bergen contributes to publication providing comprehensive overview of Minnesota personal injury law, LexisNexis Practice Guide: Minn. Personal Injury, § (Matthew Bender, Rev. Ed. ).

The distinguished litigation and trial experience of Peter G. Van Bergen was recognized by LexisNexis which asked him to serve as an Editorial Consultant to its new publication, LexisNexis Practice Guide: Minn. Personal Injury, § (Matthew Bender, Rev. Ed. ). The book provides a comprehensive overview of many of the Practice Areas in which the attorneys at Cousineau, Van Bergen, McNee & Malone, P.A. practice.

Van Bergen’s knowledge and understanding of personal injury law in Minnesota is incorporated throughout the book’s chapters, which cover such topics as: initial handling of a case, intentional torts, negligence, motor vehicle negligence, premises and product liability, medical malpractice, governmental liability, and nursing home, abuse of vulnerable adults, assisted living, and adult family care actions. The book also discussed damages, wrongful death, and special considerations in personal injury cases.


Rachel Beauchamp has article, “Amended Rule 5.04, What is it Good For?” featured in Fall 2016 issue of the Minnesota Defense magazine.

The Fall 2016 issue of the Minnesota Defense magazine features an article by Rachel Beauchamp titled “Amended Rule 5.04, What is it Good For?”

In the article, Beauchamp discusses the 2013 revisions to the Minnesota Rules of Civil Procedure regarding the timeframe to file a “pocket-served” lawsuit and the first Minnesota Supreme Court cases interpreting the new Rule. Specifically, Beauchamp addresses the hopes and goals of the rule, its application since enactment, and its new interpretations as a result of the Supreme Court’s interpretation.

Beauchamp ends the article with practical strategies for defense attorneys to utilize the Rule now that there is additional guidance available. Minnesota Defense is the magazine for the Minnesota Defense Lawyers Association and the Fall 2014 article can be found here.