• Thomas v. Se. Pennsylvania Transit Auth.

    Publication Date: 2024-07-05
    Practice Area: Personal Injury
    Industry: State and Local Government | Transportation
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1431

    Defendant transit authority appealed the court's denial of its post-trial motion for judgment notwithstanding the verdict or new trial in plaintiff bus passenger's personal injury case. The court concluded that its denial of post-trial relief should be affirmed. The court reasoned that defendant was not entitled to assert the jolt and jerk doctrine where plaintiff's theory of negligence focused on an obstruction in the aisle of the bus that she was riding, and not on the fact that the bus driver slammed on the vehicle's brakes.

  • Newsome v. Fobia

    Publication Date: 2024-07-05
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1856 EDA 2023

    The court asked the Superior Court to act appropriately considering the trial court's error in failing to deny defendant doctors' motion for summary judgment.

  • Childs v. Grayhawke Partners, LLC

    Publication Date: 2024-06-28
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 02364

    The court in a § 1925(a) opinion, asked the Superior Court to affirm the jury's verdict in a wrongful death home health care case awarding plaintiff $42,500 and to affirm the denial of post-trial relief.

  • Passalaqua v. CMS/Nextech, LLC

    Publication Date: 2024-06-21
    Practice Area: Personal Injury
    Industry: Food and Beverage | Hospitality and Lodging
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2715 EDA 2023

    Personal injury plaintiff appealed the court's order granting summary judgment in favor of defendant. The court concluded that its order should be affirmed where plaintiff proffered no evidence that defendant breached its duty of care when it repaired a restaurant's refrigerator door that allegedly came open and struck plaintiff in the leg.

  • Wingate v. McGrath

    Publication Date: 2024-06-21
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2879 EDA 2023

    Defendant appealed the court's order denying her motion for reconsideration of the court's order granting plaintiffs a new trial. The court concluded that its order should be reversed where plaintiffs waived their objection to defendant's medical expert witness by failing to renew their pre-trial motion in limine until after defendant's expert testified at trial.

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  • Acme Site Restoration LLC v. Matsonford Garage

    Publication Date: 2024-05-10
    Practice Area: Contractual Disputes
    Industry: Cargo and Shipping | Construction
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 03812

    The court urged the Superior Court to affirm its verdict in favor of defendants due to the plaintiff's failure to seek damages to its property in its previous replevin action.

  • Thomas v. SEPTA

    Publication Date: 2024-05-10
    Practice Area: Transportation
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1431

    In a §1925(a) opinion, the court justified its denial of SEPTA's motions for judgment notwithstanding the verdict and for a new trial based upon the court's conclusion that the "jerk and jolt" doctrine did not apply in this case.

  • Truong v. Nghiem

    Publication Date: 2024-04-26
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00472

    In this §1925(a) opinion, the trial court asked the Superior Court to affirm its orders granting motions in limine that precluded the plaintiff in a motor vehicle collision case from introducing evidence concerning her future medical expenses and treatment for her permanent injuries and precluding presentation of testimony or evidence concerning a medial branch block and radio ablation that she underwent more than two years after her initial treatment.

  • Smith v. Coble

    Publication Date: 2024-03-15
    Practice Area: Civil Appeals
    Industry: Legal Services
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 01913

    In a §1925(a) opinion, the court urged affirmance of its order granting the defendant lawyer and law firm's motion to reopen the default judgment that the Superior Court had declared void ab initio because plaintiff's Rule 237.5 ten-day notice did not substantially comply with the rule which was a fatal defect.

  • Miles v. Miles

    Publication Date: 2024-03-15
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 01837

    Defendant appealed the court's order finding in favor of plaintiff and against defendant in plaintiff's action to eject defendant from residential property. The court concluded that its decision should be affirmed where defendant claimed the existence of a written "rent" agreement, but evidence adduced at trial demonstrated that the parties never arrived at a complete agreement.