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  • Klar v. Dairy Farmers of Am., Inc.

    Publication Date: 2021-03-01
    Practice Area: Motor Vehicle Torts
    Industry: Agriculture
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0149

    An employer who collected contributions for a social event was still considered a social host with respect to liability under the Dram Shop Act. The court properly dismissed plaintiff's negligence claims against the employer.

  • Morrone v. Route 65 Auto, Inc.

    Publication Date: 2021-01-04
    Practice Area: Creditors' and Debtors' Rights
    Industry: Automotive
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1339

    The court overruled preliminary objections because it had subject matter and personal jurisdiction, and plaintiffs sufficiently alleged the existence of successor liability and fraudulent transfers.

  • Watkins v. UPMC Jameson

    Publication Date: 2020-11-23
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1174

    Where plaintiff alleged that defendants did not provide her with proper medical treatment when she appeared at hospital at 26-weeks' gestation and that proper treatment could have prevented the child's death, she sufficiently alleged a duty of care owed to her and a breach of that duty and asserted a viable claim for negligent infliction of emotional distress. The court sustained in part defendants' preliminary objections.

  • Commonwealth v. Meyer

    Publication Date: 2020-11-16
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1153

    The commonwealth presented sufficient evidence to support a prima facie case with respect to all crimes charged, so the court denied defendant's petition for a writ of habeas corpus.

  • SMG Landscape & Constr. v. Facility Source, LLC

    Publication Date: 2020-11-09
    Practice Area: Contracts
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1124

    The court refused to enforce a forum selection clause in the parties' agreement because the discrepancy between the amount in controversy and the cost of litigating in Arizona, as provided for in the clause, would prevent or seriously impair plaintiff's ability to pursue its breach of contract claim. The court denied defendant's preliminary objections.

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  • Commonwealth v. Benatas

    Publication Date: 2020-09-28
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0988

    Where the evidence established that defendant discharged a rifle near a school van and that two bullets struck the van in close proximity to two students, the specific intent to support a conviction for criminal attempt to commit homicide was demonstrated through circumstantial evidence, including the use of a deadly weapon to a vital part of a victim's body. The court denied in part defendant's petition for relief.

  • MIMS Realty, LLC v. Speedway, LLC

    Publication Date: 2020-06-22
    Practice Area: Real Estate
    Industry: Retail | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0541

    Plaintiff's complaint failed to aver facts sufficient to establish a private easement over a vacated city alleyway where the pleading failed to allege that the subject lot was sold according to a plan of lots and the street in question had not been previously opened or projected as a public street. The court sustained defendant's demurrer.

  • Houk v. Wischerman

    Publication Date: 2020-06-22
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0512

    Plaintiff was entitled to the partition of certain property she held with defendant as tenants in common where the parties could no longer continue to own the property jointly, but plaintiff had assumed all payments to maintain the property while defendant stop contributingdespite living therein. The court granted plaintiff's request to partition.

  • Flanigan v. The Ellwood City Hosp.

    Publication Date: 2020-06-22
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0511

    A sanction dismissing plaintiff's complaint with prejudice was appropriate, because plaintiff blatantly refused to provide discovery.

  • Commonwealth v. Popovich

    Publication Date: 2020-06-22
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0513

    The court refused to sever defendant's criminal trial from that of his codefendant in accordance with Pa.R.Crim.P. 583 where the codefendant's statements to police regarding the underlying double homicide were not so prejudicial to defendant as to warrant such relief. The court granted defendant's pretrial motion to sever.