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Publication Date: 2022-12-19
Practice Area: Personal Injury
Industry: Health Care
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 1022 EDA 2022
Trial court erred in granting defendant Tower Health's motion for a change of venue in action for negligence, premises liability, and assault/raperespondeat superior alleging decedent was raped and sexually assaulted while a patient at hospital owned by Tower Health and court found that Tower Health, a parent corporation and named defendant, regularly conducted business in Philadelphia for the purposes of establishing venue. Reversed.
Publication Date: 2022-12-05
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
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Case Number: 2114 EDA 2021
Juvenile appealed the dispositional order made after he made an admission to the crime of corruption of minors and court found juvenile court illegally adjudicated juvenile delinquent of COM because it was a legal impossibility for a "child" to commit the crime of COM. Reversed and vacated.
Publication Date: 2022-12-05
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Construction
Court: Superior Court
Judge: Judge Lazarus
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Case Number: 202 WDA 2021
Trial court properly granted summary judgment where it could consider affidavits from undisclosed witnesses and losing party's witness failed to provide countervailing evidence where he failed to provide his credentials to establish himself as a valuation expert or disclose the source of the facts underpinning his opinion. Judgment of the trial court affirmed.
Publication Date: 2022-11-07
Practice Area: Personal Injury
Industry: Food and Beverage | Retail
Court: Superior Court
Judge: Judge Lazarus
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for defendant:
Case Number: 2219 EDA 2020
Trial court properly denied defendants' motion to transfer venue on the basis of forum non conveniens because, while defendant showed inconvenience, there was no showing of oppressiveness and trial court's decision did not rise to the level of overriding or misapplying the law and was not manifestly unreasonable. Affirmed.
Publication Date: 2022-10-03
Practice Area: Trusts and Estates
Industry:
Court: Superior Court
Judge: Judge Lazarus
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Case Number: 415 WDA 2021
Orphan's court erred in granting trust beneficiary's request for injunctive relief preventing trustees from using trust assets to pay legal fees and in enjoining trustee from exercising any special power of appointment under the trust because orphans' court failed to either hold a hearing or make a finding of immediate and irreparable injury and trustee's exercise of her nonfiduciary special power of appointment was separate and distinct from her duties as a fiduciary. Order vacated.
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Publication Date: 2022-09-26
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Lazarus
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Case Number: 1427 EDA 2021
Trial court properly admitted social media posts where commonwealth authenticated the accounts as belonging to defendant through circumstantial evidence such as the accounts bearing defendant's nicknames and posts on both accounts that included photos and video depicting defendant. Judgment of sentence affirmed.
Publication Date: 2022-09-26
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge Lazarus
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Case Number: 2044 EDA 2021
PCRA petition dismissed where defendant did not have meritorious challenge to sufficiency of evidence supporting his endangering the welfare of a child conviction as defendant was driving a vehicle in which he had minor passengers and therefore owed a duty of care to carefully operate the vehicle to ensure the children's safety. Order of the trial court affirmed.
Publication Date: 2022-08-29
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
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Case Number: 22-0978
Trial court properly found infant child with leg fractures was the victim of child abuse and parents were the perpetrators of the abuse because parents did not testify, presented no rebuttal witnesses and failed to rebut the §6381(d) presumption with countervailing, competent, substantial evidence. Affirmed.
Publication Date: 2022-08-29
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
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Case Number: 22-0975
Father appealed order granting mother primary physical custody of the parties' child and court found trial court set forth each of the 16 custody factors, explained in detail which factor favored which party and there was no error or abuse of discretion in court's determination. Affirmed.
Publication Date: 2022-07-04
Practice Area: Family Law
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0743
Trial court erred in dismissing petition to adopt a foreign-born child under §2908 of the Adoption Act, where there was no foreign adoption decree to register under §2908 and petitioners were U.S. citizens and residents of the commonwealth. Decree of the orphan's court reversed, case remanded.
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