• Nunez v. Johnson & Johnson Consumer, Inc.

    Publication Date: 2022-09-26
    Practice Area: Personal Injury
    Industry: Cargo and Shipping | Distribution and Wholesale
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1093 CIVIL 2022

    Defendants could not be held liable for injuries plaintiff allegedly suffered in a slip and fall accident during an ongoing weather event as icy rain conditions were occurring generally throughout the area and not all of the icy conditions could reasonably be addressed. The court granted defendants' motion for summary judgment.

  • Estate of Mackes v. Martino

    Publication Date: 2022-09-26
    Practice Area: Trusts and Estates
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 001961-CV-2019

    Court granted motion to dismiss matter arising out of a family dispute regarding a life tenancy on a decedent's property. The court granted the motion to dismiss on the grounds that the administrator of the estate failed to file the complaint within the applicable statute of limitations. The court further granted the motion on the grounds that the administrator simply speculated that decedent suffered damages but otherwise failed to produce any appraisals, facts, or figures which supported the claim.

  • Castaldo v. Dohn

    Publication Date: 2022-09-12
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0895

    Plaintiffs were not required to produce the testimony of their former neighbors to prove a binding consentable line by recognition and acquiescence as the evidence of record clearly established that the former neighbors acquiesced to three spruce trees as the boundary line between the two properties. The court granted plaintiffs relief in this action to quiet title.

  • Howe v. Ertle Ent.

    Publication Date: 2022-08-22
    Practice Area: Employment Litigation
    Industry: Automotive | Retail | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0844

    Court denied employer defendant's preliminary objections to plaintiff employees' employment law action arising out of a wrongful termination claim. Plaintiffs argued they were wrongfully terminated from their positions for failure to return to work while their county was still in the "Red Phase" of Governor Wolf's executive order closing in-person businesses during the COVID-19 pandemic. Although defendant argued plaintiffs were not entitled to rely on the executive order for the basis of their wrongful termination claim, the court di

  • Correa v. Bridge St. Apartments

    Publication Date: 2022-08-15
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0842

    Court granted defendant's request to dismiss plaintiff's personal injury complaint for failure to serve the complaint within the applicable statute of limitations. The court held that although plaintiff was granted a praecipe for writ of summons, plaintiff did not act quickly enough to serve the summons and the plaintiff's service of the complaint, eleven months after the statute of limitations had run, demonstrated a lack of good faith. Therefore, the court dismissed the complaint in its entirety.

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  • Indian Mountain Lake Civic Ass'n v. Berger

    Publication Date: 2022-08-08
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0845

    Court partially granted preliminary objections arising from a property law dispute between a community owning a planned subdivision and a defendant resident. While defendant argued plaintiff's attempt to collect payment for her use of a recorded easement was not properly pled pursuant to the Uniform Planned Community Act, the court indicated plaintiff's attached declaration sufficiently described the property in question. The court did, however, agree plaintiff mistakenly referred to a wrong deed in part of their complaint and indicat

  • Toth v. Pocono Farms Golf & Country Club

    Publication Date: 2022-08-08
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0849

    Trespass claim based on stormwater discharge failed where property owner provided no expert testimony to establish increased discharge or to calculate damages, and where owner was aware of discharge onto the property prior to their purchase. Defendants' motion for summary judgment granted.

  • Schryver v. Twp. of Smithfield

    Publication Date: 2022-08-08
    Practice Area: Real Estate
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0848

    Where plaintiffs asserted that defendant violated the state's Storm Water Management Act and sought remedies under §15 of that act, which provides that remedies for actions in equity are to restrain, prevent or abate violation of the act or any watershed storm water plan, plaintiffs were limited to such statutory remedies. The court issued an order limiting damages.

  • Knights v. Terrapin Bus Station, LLC

    Publication Date: 2022-08-08
    Practice Area: Personal Injury
    Industry: State and Local Government | Transportation
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0846

    Court denied motion for summary judgment in a slip and fall case brought against a bus company and Mt. Pocono Borough. Although the borough argued there was no issue of a genuine issue of material fact as they were not on notice of the defective condition and were not the owners of the property, they failed to attach any evidence to their motion proving who was the owner of the property in question. Given that the court could not determine this information from what was in the record, the court denied the motion for summary judgment.

  • Citibank, N.A. v. Lennon

    Publication Date: 2022-08-01
    Practice Area: Contracts
    Industry: Financial Services and Banking
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Higgins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0781

    The plaintiff bank satisfied its burden of proof on a breach of contract claim with convincing evidence that defendant sought and obtained a credit card and used that card to make purchases, incurring debt of over $9,000, but failed to make payment on the debt without explaining the default. The court entered judgment for plaintiff and against defendant.