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Publication Date: 2023-03-20
Practice Area: Personal Injury
Industry: Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1601
A police officer demonstrated a reasonable inference that an online news outlet acted with actual malice where it erroneously included his identifiable photo in a story about another police officer who was accused of racial profiling. The trial court denied defendants' motion to dismiss for failure to state a claim.
Publication Date: 2023-03-20
Practice Area: Personal Injury
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Leeson
Attorneys: For plaintiff:
for defendant:
Case Number: 5:21-cv-04953
Plaintiff sued under the Federal Tort Claims Act after a postal service vehicle truck her car and court found plaintiff failed to prove her migraines and related cognitive symptoms were causally related to the collision but did show collision caused sprain injuries to her arm, shoulder and neck, those injuries were not "serious" under the Motor Vehicle Financial Responsibility Law and court awarded medical costs, property damage and lost wages. Judgment for plaintiff.
Publication Date: 2023-03-20
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Mannion
Attorneys: For plaintiff:
for defendant:
Case Number: 3:19-2196
Defendant ski resort moved for summary judgment in plaintiff skier's personal injury action and court found there was a genuine dispute as to whether plaintiff was skiing on or off trail when the incident occurred and thus, whether the Pennsylvania Skier's Responsibility Act barred plaintiff's action, as to whether plaintiff received a lift ticket with the exculpatory release provision and plaintiff's evidence of a ditch in the ski trail raised an issue of material fact as to gross negligence. Motion denied.
Publication Date: 2023-03-13
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Foglietta
Attorneys: For plaintiff:
for defendant:
Case Number: 03845
Failure to redact videotaped deposition testimony of a personal injury plaintiff's medical expert, who stated that jurors "can see" plaintiff's injury in medical imaging, did not warrant a declaration of mistrial where other admissible testimony made similar points and the court issued a prompt curative instruction admonishing the jury to disregard the testimony. The court denied defendant's post-trial motions seeking a new trial and related relief.
Publication Date: 2023-03-13
Practice Area: Personal Injury
Industry: Consumer Products | Manufacturing | Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 20-5382
Plaintiff and design company both moved to exclude the other parties' experts under rule 702 in plaintiffs negligence, strict liability design defect and failure to warn and breach of warranty action over a spring tension shower organizer that injured her and court found plaintiff's experts' opinions and testimony were admissible and their qualifications as to the engineering aspects of the design of the shower organizer were not in dispute and defendant's expert had appropriate grounds for his opinions as they related to the human fa
Law Journal Press | Digital Book
Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner
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Publication Date: 2023-03-13
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Allen
Attorneys: For plaintiff:
for defendant:
Case Number: 00196
Evidence was sufficient for jury to decline to award tripping accident plaintiff non-economic damages as her subjective complaints were inconsistent with the objective medical evidence and her treatment was excessive in relation to the severity of the injury. Court recommended affirmance of its denial of plaintiff's motion for a new trial.
Publication Date: 2023-03-06
Practice Area: Personal Injury
Industry: Transportation
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22 CV 3250
A personal injury plaintiff's complaint could not state an independent cause of action for punitive damages. Plaintiff's allegations of wanton, willful and reckless conduct were sufficient, however, to support his corresponding general demand for recovery of punitive damages in his personal injury action. Defendants' preliminary objections sustained in part and overruled in part.
Publication Date: 2023-02-27
Practice Area: Personal Injury
Industry: Education | Technology Media and Telecom
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Pratter
Attorneys: For plaintiff:
for defendant:
Case Number: 22-2942
Defamation claims arising from published article dismissed where the article set forth admittedly true facts and then stated the authors' pure opinion and subjective characterization about plaintiff's underlying motivations. Defendants' motion to dismiss granted.
Publication Date: 2023-02-20
Practice Area: Personal Injury
Industry:
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Cercone
Attorneys: For plaintiff:
for defendant:
Case Number: 2:22-cv-00518
Defendants sought to dismiss plaintiffs' automobile accident negligence action under rule 12(b)(7) and rule 19 arguing other drivers and/or insurance companies that brought claims against them based on the same accident were necessary parties and court found defendant did not establish that any of the other claimants were a "required" or indispensable party and noted that a risk that practically inconsistent judgments for money damages might arise was not sufficient. Motion denied.
Publication Date: 2023-02-13
Practice Area: Personal Injury
Industry: Construction
Court: Superior Court
Judge: Judge Bender
Attorneys: For plaintiff:
for defendant:
Case Number: 1605 EDA 2021
Trial court erred in barring defendant's statutory employer defense in plaintiff's negligence action after he fell through a hole in a roof while working for roofing subcontractor and court found defendant met all five elements of the McDonald test, defendant was plaintiff's statutory employer and was immune from tort liability. Judgment vacated.
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