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  • Commonwealth v. Kimmel

    Publication Date: 2020-03-16
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0183

    Police had probable cause to support a warrant for the search of defendant's residence, so the court denied defendant's motion to suppress. Except for one charge for which the commonwealth conceded that it lacked sufficient evidence, the court denied defendant's habeas corpus motion.

  • Commonwealth v. Alvarado

    Publication Date: 2020-03-16
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0184

    The trial court reduced the grading of the criminal mischief offense asserted against defendant where the commonwealth failed to demonstrate the amount of damages for the original grading as a felony of the third degree, which required proof of pecuniary loss in excess of $5,000. The court granted defendant's petition for writ of habeas corpus in part.

  • Commonwealth v. Peak

    Publication Date: 2020-03-16
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0182

    A police officer's encounter with defendant was a lawful seizure falling under the "public servant" exception to the need for a warrant within the community caretaker doctrine where an experienced officer would reasonably infer from circumstances, i.e. a disabled car in a ditch partially blocking the roadway, that the vehicle and its occupants were in need of immediate assistance. The court denied defendant's motion to suppress evidence.

  • Williams v. Borough of Ellwood City

    Publication Date: 2020-03-02
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0151

    Public entity made a reasonable effort to locate documents relating to a public records request, so the court denied mandamus relief.

  • Braniff v. Hartje

    Publication Date: 2020-02-10
    Practice Area: Motor Vehicle Torts
    Industry: Insurance
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0088

    Plaintiff had elected a limited tort option for her automobile insurance, and the question of whether she was entitled to non-economic damages as the result of a serious injury was a matter for the jury to decide. Motion for partial summary judgment denied.

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  • Commonwealth v. Johnson

    Publication Date: 2020-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1529

    While the court could not rely on field sobriety tests performed by the arresting officer in making a determination that probable cause existed to arrest defendant for driving under the influence, the officer's observations of defendant's bloodshot and jerking eyes, slurred speech and the smell of alcohol were sufficient to demonstrate probable cause. The court denied a motion to suppress.

  • Wiley v. Forney

    Publication Date: 2020-01-13
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1523

    Buyers adequately alleged that sellers made fraudulent disclosures about the condition of real property, but they failed to allege enough specifics in support of their claim for special damages. The court sustained some of the preliminary objections, but allowed buyers leave to file an amended complaint.

  • Twp. of Shenango v. Tanner

    Publication Date: 2020-01-06
    Practice Area: Civil Procedure
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1474

    The lis pendens plaintiff submitted in this case against defendant's real property was patently unfair and unnecessary given that the allegations in plaintiff's complaint were rooted in contract and tort law but did not contain a single count regarding title to the property. The court granted defendant's motion to strike.

  • Commonwealth v. Sutton

    Publication Date: 2020-01-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1475

    The court denied defendant's motion to suppress, because the police properly made a vehicle stop and searched a residence.

  • Nikoden v. Benedict

    Publication Date: 2019-12-30
    Practice Area: Personal Injury
    Industry: Food and Beverage
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1473

    Siding with Rivero v. Timblin and other cases holding that common law negligence and Dram Shop Act liability are not mutually exclusive causes of action, the court concluded that the Dram Shop Act was not plaintiff's exclusive remedy against the defendant liquor licensee. The court overruled defendant's preliminary objections in part.