• Dodson v. Univ. of Pittsburgh Med. Ctr.

    Publication Date: 2021-11-22
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1249

    Plaintiff met his burden to obtain a written statement supportive of his certificate of merit in this professional liability suit, even though the physician's statement did not clarify whether plaintiff alleged negligence in the performance of certain surgeries or in the failure to timely provide follow-up treatment. The court denied defendants' motion to strike.

  • Hedges v. Pennsylvania Dep't of Transp.

    Publication Date: 2021-11-22
    Practice Area: Real Estate
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1250

    Plaintiff could not stop the Pennsylvania Department of Transportation from cutting down trees on her property as part of a construction project to widen a nearby highway where PennDOT established that it was entitled to 41 feet of land from roadway toward plaintiff's property as part of the safety-related condemnation and construction plan. The court granted the commonwealth's emergency petition for relief.

  • In re: AMH

    Publication Date: 2021-11-22
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge McCoy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1248

    While father loved his child, such love was not the statutory standard the court was required to consider in ruling on a petition to terminate his parental rights, which petitioners supported with evidence that father failed to perform his parental duties for a period in excess of six months. The court granted the petition for involuntary termination of father's parental rights.

  • Commonwealth v. Rogers

    Publication Date: 2021-11-22
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1253

    The court held that because the case against defendant rested entirely on out-of-court statements presented as evidence of truth of matters asserted, the state failed to present a prima facie case for theft of services under 18 Pa. C. S. A. §3926(a) (1.1). Petition for writ of habeas corpus granted.

  • Commonwealth v. Thompson

    Publication Date: 2021-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lovecchio
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1160

    Despite concerns about the witnesses' identification of defendant as the perpetrator in this case, the court refused to suppress such evidence because defendant did not demonstrate that improper police conduct resulted in a suggestive identification. The court denied defendant's motion to suppress.

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  • Good v. State Farm Fire & Cas. Co.

    Publication Date: 2021-11-08
    Practice Area: Insurance Litigation
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1154

    Plaintiffs' complaint in this insurance-related breach of contract suit did not fail for insufficiency where the pleading set forth, to the penny, the amount they were claiming and included a breakdown of that amount, detailing the total losses to the damaged property. The court overruled defendant's preliminary objections.

  • In re: Estate of D'Hue

    Publication Date: 2021-11-08
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1153

    Petitioners failed to overcome the presumption of testamentary capacity, which arose because execution of the subject will was proved by the required two witnesses, as they did not demonstrate by clear and compelling evidence that decedent lacked testamentary capacity at the time he executed that will. The court denied petitioners' appeal.

  • Portfolio Recovery Assoc., LLC v. Funk

    Publication Date: 2021-10-25
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Tira
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1159

    Plaintiff's complaint in this credit card collection suit failed for lack of specificity where the bill of sale attached to the pleading and purporting to establish plaintiff's successorship status to the original lender failed to establish a link with defendant's credit card account. The court sustained defendant's preliminary objection in part.

  • Commonwealth v. Page

    Publication Date: 2021-10-25
    Practice Area: Evidence
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Butts
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1158

    The minor victim's out-of-court statements to her grandparents and a caseworker describing a criminal sexual offense by her father were admissible under the Tender Years Hearsay Act as the proffered evidence was relevant and imbued with "sufficient indicia of reliability" to allow for its admission. The court granted the commonwealth's petition.

  • Heivly v. Santander Bank, N.A.

    Publication Date: 2021-10-25
    Practice Area: Personal Injury
    Industry: Financial Services and Banking | Construction
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1155

    The court held that defendant bank was allowed to present evidence that the collateral negligence of plaintiff's employer caused plaintiff's injury because such evidence would go to the causation issue and not apportionment of damages between employer and third party. Motion in limine denied.