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  • Erie Ins. Exch.v. Sutherland

    Publication Date: 2020-07-06
    Practice Area: Insurance Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0571

    Defendant's waiver of uninsured motorist coverage on a policy insuring the motorcycle he was operating when injured did not prelude him from recovering uninsured motorist coverage on a separate policy with the plaintiff insurer for which defendant paid premiums for stacked coverage. The court denied plaintiff's motion for judgment on the pleadings.

  • Erie Ins. Exch.v. Sutherland

    Publication Date: 2020-07-06
    Practice Area: Insurance Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0571

    Defendant's waiver of uninsured motorist coverage on a policy insuring the motorcycle he was operating when injured did not prelude him from recovering uninsured motorist coverage on a separate policy with the plaintiff insurer for which defendant paid premiums for stacked coverage. The court denied plaintiff's motion for judgment on the pleadings.

  • Denelle v. Denelle

    Publication Date: 2020-07-06
    Practice Area: Family Law
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0570

    Defendant was not obligated to pay child support based on an acknowledgment of paternity allegedly bearing her name where the county failed to refute defendant's credible testimony that she did not sign the acknowledgment and the parties had agreed that defendant would not be financially responsible for the child, who was not her biological offspring. The court dismissed plaintiff's complaint for child support.

  • Jaccobs v. Murphy

    Publication Date: 2020-06-15
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0516

    Plaintiff's complaint failed to sufficiently allege a cause of action against defendant for intentional infliction of emotional distress as the pleading did not allege the existence of any physical injury for which he soughttreatment. The court sustained defendant's preliminary objections in part.

  • Kinard v. Butler Mem'l Hosp.

    Publication Date: 2020-05-11
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0357

    The court sustained a preliminary objection, because plaintiffs' certificate of merit only supported their claim for vicarious liability, not corporate negligence. The complaint contained sufficient facts to allow plaintiffs' punitive damages claim to go forward.

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  • Commonwealth v. Kimmel

    Publication Date: 2020-03-16
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0183

    Police had probable cause to support a warrant for the search of defendant's residence, so the court denied defendant's motion to suppress. Except for one charge for which the commonwealth conceded that it lacked sufficient evidence, the court denied defendant's habeas corpus motion.

  • Williams v. Borough of Ellwood City

    Publication Date: 2020-03-02
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-0151

    Public entity made a reasonable effort to locate documents relating to a public records request, so the court denied mandamus relief.

  • Commonwealth v. Johnson

    Publication Date: 2020-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1529

    While the court could not rely on field sobriety tests performed by the arresting officer in making a determination that probable cause existed to arrest defendant for driving under the influence, the officer's observations of defendant's bloodshot and jerking eyes, slurred speech and the smell of alcohol were sufficient to demonstrate probable cause. The court denied a motion to suppress.

  • Commonwealth v. Sutton

    Publication Date: 2020-01-06
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1475

    The court denied defendant's motion to suppress, because the police properly made a vehicle stop and searched a residence.

  • TD Auto Fin., L.L.C. v. Frabotta

    Publication Date: 2019-11-18
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking | Automotive
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1286

    In this debt collection matter, plaintiff failed to establish it was entitled to relief under the Motor Vehicle Sales Finance Act. The court dismissed the complaint, but permitted plaintiff to amend. Plaintiff filed this action based on defendant's alleged violation of a retail installment sale agreement. Shenango Auto Mall sold defendant a used automobile. Plaintiff claimed that Shenango assigned its interest under the contract to plaintiff. Defendant allegedly failed to make all of the payments required under the installment agreeme