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judge:"Steven Andrews"
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Consent to warrantless blood alcohol test was constitutionally firm where driver was not warned of criminal penalties for refusal of consent. Judgment of sentence affirmed.
Publication Date: 2018-01-23 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Moulton Attorneys:For plaintiff: for defendant: Case Number: 18-0067
Mothers prenatal drug abuse could serve as predicate act of child abuse if proven that drug use intentionally, knowingly, or recklessly caused or created reasonable likelihood of bodily injury to unborn child once born. Order of the trial court reversed, case remanded.
Plaintiff failed to demonstrate that any negligence by defendants caused the decedents death, and plaintiffs survival action was barred by the statute of limitations. The court affirmed the summary judgment ruling in favor of defendants.
Court granted defendants motion to dismiss plaintiffs §1985 conspiracy claim but denied the motion to dismiss plaintiffs §§1981 and 1982 claims based on defendant stores practice of having loss prevention personnel trailing plaintiff around store, having sales associates closely monitoring him and questioning him about returns more than Caucasian customers because he sufficiently alleged interference with his right to contract and a pattern or practice of racial profiling. Motions granted in part and denied in part.
Individual acting as grantor and grantee never delivered deed where he failed to record and subsequently alienated interests in the property in contravention of the deed. Order of the superior court reversed.
Workers compensation appeal board erred in reversing the WCJs decision that employer was liable to reimburse claimant for the cost of his massage therapy sessions because claimant received the massage therapy from a licensed massage therapist working under the direction and control of claimants chiropractor. Reversed.
Zoning boards denial of applications for a special exception and a use variance relating to a junk and salvage yard was supported by substantial evidence, so the court held the decision should be affirmed.
Trial court did not err in defining factual cause in the jury instructions in appellees action asserting exposure to appellants asbestos products cause his lung cancer but did err in holding that the fair share act did not apply to the case because the act explicitly applied to actions for strict liability. Reversed in part and affirmed in part
Defendant employers motion for summary judgment was granted in employees claim that employers policy of requiring a phone call to a third-party administrator to request FMLA leave was a violation of FMLA regulations because two phone calls was not outside the scope of allowable requirements for requesting FMLA leave and employee did not prove any unusual circumstances. Motions granted and denied.
Where a subcontractors employee was injured on the job, the parties subcontract agreement was in effect even though the parties did not actually sign the agreement until after the workers injury, because the agreement specifically provided that its terms applied to work performed prior to the formal signing of the agreement.