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  • Smiley v. Smiley

    Publication Date: 2023-02-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 12035 of 2009, C.A.

    While mother had been the primary caregiver of the parties' two sons, the factors set forth in §5328(a) of the Pennsylvania Custody Act, including the children's preferences and father's inclination to foster an amiable relationship with mother, persuaded the court that father should have primary physical custody. The court recommended affirmance.

  • Cox v. Cemex, Inc.

    Publication Date: 2023-02-06
    Practice Area: Premises Liability
    Industry: Manufacturing | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10132 OF 2020, C.A.

    While liability can be imposed upon a landowner and municipality where an object obstructs a roadway and causes injury, there were genuine issues of material facts regarding whether the tree that injured plaintiff was protruding over the roadway from the landowner's property at the time of the subject accident. The court denied defendants' motion for summary judgment.

  • Denelle v. Denelle

    Publication Date: 2023-02-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10699 OF 2019, C.A.

    The court granted defendant Medvid's preliminary objections in part finding that while plaintiff's complaint should not be dismissed for improper service or failure to spell defendant's name properly on the caption, it should be dismissed for plaintiff's failure to adequately plead fraud, unjust enrichment, and negligent misrepresentation.

  • Noga v. Wal-Mart Stores East, L.P.

    Publication Date: 2023-01-30
    Practice Area: Personal Injury
    Industry: Retail
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10170 of 2019, C.A.

    The court denied defendant company's motion for summary judgment in a slip and fall case on the basis that plaintiff had pled sufficient evidence for a jury to conclude a causal connection between the alleged dangerous condition and her injury.

  • Delisio v. Jameson

    Publication Date: 2023-01-23
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10023 OF 2021, C.A.

    The court granted in part and denied in part defendant medical facility's objections to plaintiff's claims. The court dismissed plaintiff's breach of contract claim finding that the conduct complained of would be better captioned in a claim for medical malpractice but overruled defendant's objections to the informed consent and battery claims, finding that plaintiff's pled sufficient facts.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Commonwealth v. Avery

    Publication Date: 2023-01-23
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 660 OF 2021

    The court granted in part and denied in part criminal defendant's pretrial motions. The court granted defendant's habeas petitions in part finding that the state failed to present "some" evidence of the crimes charged. The court further denied defendant's motion to suppress evidence of an illegal search, detention, and arrest, finding that the officer acted appropriately, had sufficient cause to pull the vehicle over, and received consent to search the vehicle.

  • In re Dille Family Trust

    Publication Date: 2023-01-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 43 OF 2019, O.C.

    The court held that the situs of a family trust was located in Lawrence County, Pennsylvania and that the beneficiaries, under both the terms of the amended trust and Pennsylvania law, could not change the situs of the trust without also changing the trustee.

  • In re Estate of Klobetanz

    Publication Date: 2023-01-16
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Acker
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 76 OF 2022, O.C.

    The court found that respondent was given a possessory interest in all tangible property involving property not specifically bequeathed to others in a decedent's last will and testament on the basis that respondent was granted a possessory interest in the house that enabled her to continue to reside on the property for a period of three years.

  • Eggelston v. Richards

    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.

  • Shiek v. Morgan

    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.