• PPL Elec. Util. Corp. v. EAN Holdings, LLC

    Publication Date: 2024-07-05
    Practice Area: Litigation
    Industry: Automotive | Energy
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3806 CV 2023

    Defendant petitioned to open default judgment. The court denied the motion, holding defendant failed to establish excusable negligence for its failure to timely answer plaintiff's complaint where it claimed only that it suffered difficulties in forwarding process to Pennsylvania counsel after being served out of state.

  • Radzierez v. Kunkle

    Publication Date: 2024-06-28
    Practice Area: Contracts
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 002277-CV-2021

    Defendant sought post-trial relief after a jury verdict in favor of plaintiff on plaintiff's breach of contract and fraud claims. The court denied defendant's post-trial motion, holding that defendant was not entitled to call a court reporter at trial to testify regarding a purported error in a witness's deposition transcript, and that plaintiff was not required to support his claim of document forgery with testimony from a forensic document examiner.

  • King-Hagen v. Ingram

    Publication Date: 2024-06-28
    Practice Area: Contracts
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 007764-CV-2023

    Plaintiff seller sued defendant buyer for ejectment from real property after a failed residential home sale. Following a non-jury trial, the court found in favor of plaintiff where defendant moved into the residence without permission despite expiration of the parties' "offer to purchase real estate" without a closing on the property.

  • Discover Bank v. Grivalsky

    Publication Date: 2024-06-21
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 6731 CIVIL 2023

    The court sustained defendant's preliminary objection to plaintiff's failure to attach sufficient account statements to its complaint but overruled defendant's objection that plaintiff did not attach a signed cardholder account agreement to its complaint.

  • Porter v. Voelkl

    Publication Date: 2024-06-21
    Practice Area: Damages
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2341 CV 2022

    The court entered an award of negligence damages in favor of plaintiff after he suffered a dog attack and obtained default judgment against the dog's owners. Based upon evidence that included plaintiff's medical history and the opinion testimony of plaintiff's expert medical witness, the court awarded plaintiff some $500,000 for pain and suffering, loss of earnings or earning capacity, and future loss of earnings or earning capacity.

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  • Lakeview Loan Servicing, LLC v. Rivers

    Publication Date: 2024-06-07
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 001402-CV-2020

    Plaintiff sought summary judgment in its action to eject defendant from a residential lot after a mortgage foreclosure. The court denied plaintiff's summary judgment motion where fact issues remained as to whether defendant occupied only the single lot identified and claimed by plaintiff, or instead resided upon multiple lots that might be joined and inseparable.

  • Kalch v. McDougle

    Publication Date: 2024-06-07
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 7907 CIVIL 2023

    Defendant real estate brokerage and real estate agent filed preliminary objections to plaintiff homebuyers' amended complaint. The court overruled the preliminary objections, holding that defendants could not avoid plaintiffs' fraud and related claims at the preliminary objection stage where the crux of plaintiffs' claims was that all named defendants had conspired to conceal the deteriorated condition of the home that plaintiffs purchased.

  • Hicks v. DEPG Stroud Assoc., III, LP

    Publication Date: 2024-06-07
    Practice Area: Premises Liability
    Industry: Food and Beverage | Hospitality and Lodging | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 807 CIVIL 2021

    Defendants sought summary judgment in plaintiff's slip and fall premises liability case. The court denied defendants' summary judgment motions, concluding that fact issues existed regarding negligence and constructive notice on the part of the property owner and its landscaping company where the landscaper had piled snow on a paved parking area, potentially leading to melting and re-freezing that led to plaintiff's fall on a patch of black ice.

  • Chanthanasinh v. LZ Holding Pennsylvania, LLC

    Publication Date: 2024-06-07
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1500 CV 2022

    Premises liability defendants filed preliminary objections, arguing plaintiff failed to make diligent efforts to serve his complaint, which was insufficiently specific for failing to plead separate claims against each defendant. The court denied defendants' preliminary objections, holding that plaintiff properly relied on a sheriff's affidavit of good service, and plaintiff was not required to plead separate counts where he alleged defendants were jointly liable for negligence on identical facts.

  • Custodio v. Mabrantes, LLC

    Publication Date: 2024-05-31
    Practice Area: Real Estate
    Industry: Construction
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 002094-CV-2022

    The court conducted a non-jury trial in plaintiff homebuyer's action for fraud and related claims against defendant sellers. The court found in favor of plaintiff, holding that defendants, an experienced home renovation contractor and his company, violated the Real Estate Seller Disclosure Law and committed common law fraud by intentionally failing to disclose that the renovated home was previously uninhabitable due to widespread contamination from animal waste.