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Publication Date: 2022-10-17
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1183 CIVIL 2022
The court overruled plaintiff's objections to defendant's preliminary objections in a matter arising out of allegedly defamatory statements between strangers in line at a store. The court noted that plaintiff failed to plead all of the required elements of a defamation claim, finding specifically that no one at the store knew his name and therefore did not know whom the defamatory statements were referring to. The court further found that plaintiff failed to plead special damages pursuant to Pa. R.C.P. 1019(f).
Publication Date: 2022-10-03
Practice Area: Wrongful Death
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5117 CIVIL 2020
Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently failed to ensure a bus stop outside of their gated community was safe. The court granted the motion on the grounds that defendants had no control over where the bus stops were installed and owed no duty to plaintiff on these grounds.
Publication Date: 2022-10-03
Practice Area: Wrongful Death
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5117 CIVIL 2020
Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently failed to ensure a bus stop outside of their gated community was safe. The court granted the motion on the grounds that defendants had no control over where the bus stops were installed and owed no duty to plaintiff on these grounds.
Publication Date: 2022-10-03
Practice Area: Wrongful Death
Industry: State and Local Government | Transportation
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5117 CIVIL 2020
Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently located and designed a dangerous bus stop. The court granted the motion on the grounds that plaintiffs' claims were barred under the doctrine of sovereign immunity due to precedent holding immunity was only waived in instances where defendant government agency constructed a negligent condition.
Publication Date: 2022-09-26
Practice Area: Contracts
Industry: Construction | Insurance
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1994 CIVIL 2022
While Pennsylvania does not recognize direct causes of actions against insurance carriers by third-parties, the court refused to dismiss plaintiff's complaint where the crux of his claim was not based on the subject insurance policy but on the insurer's breach of an agreement to pay a sum certain in exchange for plaintiff's decision to forego litigation. The court denied in part defendant's preliminary objections.
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Publication Date: 2022-09-26
Practice Area: Personal Injury
Industry: Cargo and Shipping | Distribution and Wholesale
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1093 CIVIL 2022
Defendants could not be held liable for injuries plaintiff allegedly suffered in a slip and fall accident during an ongoing weather event as icy rain conditions were occurring generally throughout the area and not all of the icy conditions could reasonably be addressed. The court granted defendants' motion for summary judgment.
Publication Date: 2022-09-26
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 001961-CV-2019
Court granted motion to dismiss matter arising out of a family dispute regarding a life tenancy on a decedent's property. The court granted the motion to dismiss on the grounds that the administrator of the estate failed to file the complaint within the applicable statute of limitations. The court further granted the motion on the grounds that the administrator simply speculated that decedent suffered damages but otherwise failed to produce any appraisals, facts, or figures which supported the claim.
Publication Date: 2022-08-08
Practice Area: Real Estate
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0849
Trespass claim based on stormwater discharge failed where property owner provided no expert testimony to establish increased discharge or to calculate damages, and where owner was aware of discharge onto the property prior to their purchase. Defendants' motion for summary judgment granted.
Publication Date: 2022-08-08
Practice Area: Personal Injury
Industry: State and Local Government | Transportation
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0846
Court denied motion for summary judgment in a slip and fall case brought against a bus company and Mt. Pocono Borough. Although the borough argued there was no issue of a genuine issue of material fact as they were not on notice of the defective condition and were not the owners of the property, they failed to attach any evidence to their motion proving who was the owner of the property in question. Given that the court could not determine this information from what was in the record, the court denied the motion for summary judgment.
Publication Date: 2022-08-01
Practice Area: Civil Appeals
Industry: Financial Services and Banking
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0789
Court denied plaintiff's motion to reinstate appeal where plaintiff failed to provide timely service of the notice and proof of service. While the court noted that under normal circumstances, they could use their discretion to waive the issue should counsel show compelling cause, the court explained plaintiff provided no reason, let alone a good cause, for why the documents were not timely served.
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