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  • DiDomizio v. Jefferson Pulmonary Assocs.

    Publication Date: 2022-08-15
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0907

    Trial court erred in dismissing delayed diagnosis claim under statute of limitations where there was material dispute whether plaintiff had inquiry notice that she had been misdiagnosed and that the misdiagnosis delayed her eventual cancer diagnosis. Order of the trial court reversed, case remanded.

  • Massaro v. McDonald's Corp.

    Publication Date: 2022-08-15
    Practice Area: Premises Liability
    Industry: Food and Beverage
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0915

    Trial court erred in sustaining defendant's preliminary objections to plaintiff's action asserting negligence/gross negligence and premises liability for defendant's employees' refusal to intervene or call police when man in restaurant subjected plaintiff to a racist, threatening tirade and misconstrued the nature of plaintiff's legal claims and court found there was no doubt that premises owner running a restaurant open to the public owed a duty of care to business invitees. Vacated.

  • Mertis v. Oh

    Publication Date: 2022-08-15
    Practice Area: Law Firm Client Relationships
    Industry: Health Care | Legal Services
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0917

    Trial court erred in determining Rule 4003.6 was not violated when law firm agreed to represent treating physician in a deposition in medical malpractice case against defendant anesthesiologist who was represented by same law firm. Reversed and remanded.

  • Commonwealth v. Warunek

    Publication Date: 2022-07-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0821

    While defendant admitted he was the driver of a vehicle that struck the victim, thereby establishing his criminal culpability for leaving the scene of an accident without rendering aid in violation of 75 Pa.C.S. §3742(a), this admission did not establish the requisite causal link between the criminal conduct and the victim's injuries so as to support a restitution order. The superior court vacated in part.

  • Commonwealth v. Lehman

    Publication Date: 2022-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0767

    Parolee at liberty committed to a halfway house as a condition of parole did not qualify as an "inmate" prohibited from possessing contraband. Order of the PCRA court vacated, case remanded.

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  • Commonwealth v. Hobel

    Publication Date: 2022-05-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0591

    Extraterritorial police actions were permissible under the "official business" exception in the Municipal Police Jurisdiction Act, but even if violative of the act would not warrant suppression of evidence since that would only serve to help conceal criminal action and hinder law enforcement activity, rather than the stated purpose of the act to enhance public safety. Judgment of sentence affirmed.

  • Loftus v. Decker

    Publication Date: 2022-03-28
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0329

    Workers' compensation carrier appealed the denial of its motion to intervene after plaintiff employee filed a praecipe for writ of summons against alleged tortfeasor and court found §319 of the Workers' Compensation Act did not give a party any right, directly or indirectly, to take any action against a third-party tortfeasor, carrier could not force employee to seek recovery to satisfy a workers' compensation statutory lien and the order was not an appealable collateral order. Appeal quashed.

  • Commonwealth v. Lutz

    Publication Date: 2022-02-28
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0223

    Officer entering vehicle of suspect to turn off ignition had exigent circumstances to enter the vehicle and therefore lawfully observed marijuana pipe in plain view on the driver's seat. Order of the trial court affirmed in part and reversed in part, judgment of sentence vacated and remanded.

  • Commonwealth v. Crumbley

    Publication Date: 2022-02-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0166

    While defendant could raise layered ineffective assistance of counsel claim for the first time on appeal, the claim failed where prosecutor's closing remarks were not so prejudicial as to deprive defendant of a fair trial. Denial of PCRA petition affirmed.

  • Commonwealth v. Harris

    Publication Date: 2022-01-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0108

    The commonwealth could not rely on hearsay alone to establish a prima facie case that a charged defendant was the individual who committed the crime. Order of the trial court affirmed.