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Publication Date: 2022-06-27
Practice Area: Labor Law
Industry: Cargo and Shipping | Transportation
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0719
Trial court properly found the exclusivity provision in the Workers' Compensation Act barred plaintiff's negligence and wrongful death action because plaintiff belonged to a class of potential beneficiaries, non-dependent adult children of employees, that the WCA purposefully excluded from recovery. Affirmed.
Publication Date: 2022-06-06
Practice Area: Criminal Appeals
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0621
Evidence was sufficient for trial court to find defendant had operated a motor vehicle under the influence of alcohol where defendant had highest rate of intoxication and admitted to police that he had driven to the residence where he was arrested and had consumed alcohol, and his vehicle's engine was still warm. Judgment of sentence affirmed.
Publication Date: 2022-03-28
Practice Area: Creditors' and Debtors' Rights
Industry: Financial Services and Banking | Real Estate
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
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Case Number: 22-0339
Valid description of property in mortgage and proper foreclosure proceedings meant that sheriff had authority to sell the foreclosed property despite an alleged mutual mistake of the parties to the mortgage regarding the mortgaged premises. Order of the trial court affirmed.
Publication Date: 2021-10-18
Practice Area: Wrongful Death
Industry: Health Care
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1205
Appellants, LLCs and doctor, appealed the verdict and $10 million jury award in wrongful death action and court found trial court properly ruled Ohio divorce decree and protection from abuse order wife had against plaintiff were not properly authenticated and limited testimony on the subject and $10 million wrongful death award was not excessive. Affirmed.
Publication Date: 2021-05-31
Practice Area: Wrongful Death
Industry: Retail
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0606
Trial court erred in permitting jury to determine whether or not defendant was negligent since he had been criminally convicted of voluntary manslaughter in killing decedents on defendant's father's property but did not err in allowing jury to determine whether gun shop was liable, in directing a verdict in favor of defendant's father or in allowing jury to determine whether decedents were comparatively negligent. Vacated and remanded.
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Publication Date: 2021-03-22
Practice Area: Products Liability
Industry: Consumer Products
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0303
Trial court abused its discretion in sustaining preliminary objections to venue based solely on defendant multinational corporation's sales in the county, where other factors established continuous and systematic contacts with the county to support the exercise of venue. Order of the trial court reversed, case remanded.
Publication Date: 2020-12-07
Practice Area: Real Estate
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1325
Trial court erred in dismissing trespass/nuisance case on statute of limitations grounds where damage to plaintiffs' property was caused by trees that would continue to cause damage until removed and therefore constituted a continuing nuisance. Order of the trial court reversed, case remanded.
Publication Date: 2020-11-16
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1239
The commonwealth's evidence, including testimony that defendant repeated himself, refused to undergo field sobriety tests and had trouble finding his driving-related documents, supported a finding beyond a reasonable doubt that defendant was operating a motor vehicle after imbibing an amount of alcohol that made it unsafe for him to do so. The superior court affirmed defendant's judgment of sentence.
Publication Date: 2020-11-09
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1210
Defendant's claim that the trial court sentenced him above the sentencing guidelines without considering the appropriate factors failed where the court explained that it imposed such a sentence in order to adequately protect the public and vindicate the harm defendant caused to the community by dealing in heroin laced with Fentanyl. The superior court affirmed defendant's judgment of sentence.
Publication Date: 2020-10-26
Practice Area: Evidence
Industry:
Court: Superior Court
Judge: Judge McLaughlin
Attorneys: For plaintiff:
for defendant:
Case Number: 20-1156
The trial court properly excluded evidence of defendant's pre-arrest breath test results given the unreliable nature of such results and the fact that excluding such evidence did not interfere with defendant's presentation of his voluntary intoxication defense in this first-degree murder case. The superior court affirmed defendant's judgment of sentence.
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