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Publication Date: 2023-10-16
Practice Area: Personal Injury
Industry: Federal Government | Health Care
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Scott
Attorneys: For plaintiff:
for defendant:
Case Number: 22-4113
Government moved to dismiss plaintiff's Federal Tort Claims Act claims that inadequate medical care he received while incarcerated caused injury and court found neither the independent contractor exception nor the discretionary function exception barred plaintiff's claims. Motion denied.
Publication Date: 2023-10-16
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Foglietta
Attorneys: For plaintiff:
for defendant:
Case Number: 00942
Defendant appealed a jury verdict finding it liable for negligence in the personal injury suffered by a subcontractor's employee during a tree removal operation. The court concluded in pertinent part that it did not err in denying defendant's statutory employer defense.
Publication Date: 2023-10-09
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1694 MDA 2022
Trial court properly dismissed appellant's negligence action against defendants over his automobile accident because defendants, conducting an estate sale on their property, owed no duty to appellant to direct traffic on the road or to restrict legal, on-street parking. Affirmed.
Publication Date: 2023-10-09
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1536 MDA 2022
Trial court properly dismissed appellant's slip and fall action for failure to join an indispensable party, co-owner of the property because appellant's claim was expressly premised, in part, on ownership of the real property. Affirmed.
Publication Date: 2023-10-09
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 50 C.D. 2022
Appellant appealed the trial court's order sustaining a preliminary objection in the nature of a demurrer based on sovereign immunity. The court reversed and remanded for further proceedings, holding that sovereign immunity was waived where appellant alleged negligence as to the care, custody or control of his personal property while the property was in appellees' possession.
Law Journal Press | Digital Book
Authors: T. BART GARY, JAKE CARROLL
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Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry: Health Care
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1064 MDA 2022
Trial court properly granted summary judgment to defendants, Children's Service Center of Wyoming Valley and CSC doctor, in appellant's action for negligence after child treated by defendants assaulted and killed neighbor because appellant failed to show defendants owed neighbor's family a duty of care. Affirmed.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Pelligrini
Attorneys: For plaintiff:
for defendant:
Case Number: 8 EDA 2023
Appellant appealed a jury award and amount of damages in her action over an accident in which a car struck her while she was crossing the street and court found no abuse of discretion in allowing evidence of her intoxication, in allowing doctor to testify, in precluding testimony of an "unmarked crosswalk" and jury's verdict did not shock the conscience. Affirmed.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 1612 EDA 2023
Plaintiff, who prevailed at a jury trial in a personal injury case involving a motor vehicle accident, appealed the court's award of delay damages. Plaintiff sought delay damages in nearly twice the amount ordered by the court. The court found that plaintiff's arguments lacked merit and requested the reviewing court to affirm its order for a lesser amount of delay damages.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry: Health Care
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Cunningham
Attorneys: For plaintiff:
for defendant:
Case Number: 210700236
Slip-and-fall plaintiff appealed the court's order denying her motion for post-trial relief. The court held that defendant did not admit plaintiff's allegations of negligence and causation by failing to timely respond to her original complaint, and thus the court's order denying plaintiff's motion should be affirmed.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Perez
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1610
Defendant federal government moved to dismiss plaintiff's slip-and-fall personal injury suit for lack of subject-matter jurisdiction, or alternatively for summary judgment. The court rejected defendant's assertion of the discretionary function exception to tort liability and denied summary judgment where genuine issues of material fact remained for resolution by a jury.
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