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Publication Date: 2023-01-16
Practice Area: Personal Injury
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10753 OF 2019, C.A.
The court denied a motion to dismiss in part on the basis that a genuine issue of material fact existed as to whether defendant landlord had knowledge of an animal's dangerous propensity at issue in a dog bite case. The court did, however, grant the motion to dismiss the claim for punitive damages, finding that plaintiffs failed to plead that defendants' conduct was outrageous or that they acted with evil motives.
Publication Date: 2023-01-09
Practice Area: Wrongful Death
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10244 OF 2022, C.A.
Plaintiffs' allegations that the adult defendants allowed or encouraged underage drinking in their homes were sufficient to establish a legally cognizable claim for negligence as adults owe a duty of care to their minor guests and they breach that duty by serving minors alcoholic beverages of any amount. The court overruled defendants' preliminary objections in part.
Publication Date: 2022-12-12
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 791 OF 2021, C.R.
The court granted defendant's motion to suppress evidence seized during a warrantless search around defendant's curtilage. Although the Commonwealth argued that the emergency aid exception applied, the court disagreed, and pointed to the fact that the officer did not make attempts to arrange medical care for the defendant and even continued on with investigative questions about the incident rather than rendering emergency aid.
Publication Date: 2022-12-05
Practice Area: Public Records
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 11008 OF 2021, C.A.
Respondent, a commonwealth township, failed to properly respond to an Office of Open Records final determination directing the production of invoices for solicitor services where it produced redacted copies of such invoices without substantiating any alleged privilege. The court granted a petition to enforce.
Publication Date: 2022-12-05
Practice Area: Civil Procedure
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 10134 OF 2022, C.A.
While defendants failed to attach to their notice of appeal one of the two magisterial district court judgments they challenged, the disposition and judgment summaries attached contained information regarding both cases, and plaintiffs would not be prejudiced by allowing defendants to pursue their claims. The court overruled plaintiffs' preliminary objections.
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Authors: Janet K. Colaneri
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Publication Date: 2022-11-28
Practice Area: Communications and Media
Industry: Food and Beverage | Technology Media and Telecom
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10027 of 2021, C.A.
Plaintiffs' complaint sufficiently established the defamatory nature of statements in defendants' newspaper and their application to plaintiffs, while those statements were not entitled to "fair comment" privilege because they read as reported fact and purported to delineate recent events. The court overruled in part defendants' preliminary objections.
Publication Date: 2022-11-21
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10246 of 2022, C.A.
Court denied defendant insurance company's motion to dismiss plaintiff's bad faith insurance claim. Defendant argued that they were not obligated to provide coverage because plaintiff's previous policy contained a provision reducing coverage which had transferred to her new policy. The court disagreed, holding that 75 Pa.C.S.A. §1731 requires that insurance companies receive a signed resignation of underinsured/uninsured motor vehicle coverage and defendant's argument that the old coverage limits transferred must fail.
Publication Date: 2022-11-21
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 189 OF 2022, C.R.
The court granted in part and denied in part criminal defendant's pretrial motion for a writ of habeas corpus. The court reviewed the extensive evidence demonstrating that the prosecution had sufficient probable cause to hold defendant on a majority of the crimes he was charged with. The court only granted defendant's motion with regard to a trespass count codified in 18 Pa.C.S.A. §3503(b.1)(1)(i), finding that defendant had acted in a way to conceal his presence on the property and did not intend to terrorize the family while stealin
Publication Date: 2022-11-21
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 30007 OF 2016, C.A.
While the state's Emergency Medical Services Systems Act provides that emergency medical service providers are immune from suit unless the claimant establishes gross negligence or willful misconduct, plaintiff's evidence, including two medical expert reports, raised issues of material fact regarding whether defendants acted with gross negligence in treating the decedent during a cardiac incident. The court denied defendants' motion for summary judgment.
Publication Date: 2022-11-21
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 30010 OF 2021, C.A.
Plaintiff's medical malpractice complaint lacked the specificity required by Pa.R.C.P. 1019(a) absent any factual averments to indicate what action/inaction caused plaintiff's alleged harm and her demand for punitive damages lacked any allegations to demonstrate that defendants acted in a manner that was malicious, willful, oppressive or exhibited reckless indifference to the rights of others. The court sustained defendants' preliminary objections.
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