• Estate of Eddy v. Saber Healthcare Group, LLC

    Publication Date: 2024-02-09
    Practice Area: Wrongful Death
    Industry: Health Care | Hospitality and Lodging
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022 CV 1553

    Defendant nursing care facility moved for dismissal or, alternatively, suppression of wrongful death plaintiff's evidence as spoliation sanctions for plaintiff's cremation of his mother's body. The court denied the motion where the cremation occurred some two months before an autopsy report revealed a potential professional liability cause of action against defendants, and where defendants had an opportunity to examine the mother's body, and other evidence was available to challenge plaintiff's claims. The court, however, authorized d

  • Ritz v. Ramsay

    Publication Date: 2023-12-04
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1024 WDA 2022

    Trial court properly dismissed executor's action against medical center parties that gave methadone to driver of car that killed decedent and court found trial court did not err in declining to impose a duty on the medical center parties. Affirmed.

  • Quinn v. Avco Corp.

    Publication Date: 2023-11-27
    Practice Area: Wrongful Death
    Industry: Aerospace | Manufacturing
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Judge Restrepo
    Attorneys: For plaintiff: Cynthia M. Devers, Devers Miska Law, Bala Cynwyd, PA for appellants.
    for defendant: Andrea S. Brooks, Wilks Law, LLC, Wilmington, DE; John S. Bagby, Jr., Bagby & Associates, LLC, Paoli, PA for appellee.

    Case Number: 22-1596

    District court correctly applied General Aviation Revitalization Act's statute of repose to product liability wrongful death claims, where federal regulations limited rebuilding and selling of aircraft parts to aviation manufacturers and thus claims arising from rebuilding of aircraft engine part were claims against a "manufacturer."

  • Lee v. Golf Transp., Inc.

    Publication Date: 2023-11-20
    Practice Area: Wrongful Death
    Industry: Cargo and Shipping | Transportation
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mehalchick
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3:21-CV-01948

    Federal Aviation Administration Authorization Act preempted state law negligence wrongful death claims against freight broker where imposing duties of care under state negligence laws would require brokers to perform additional duties outside the usual scope of the broker industry. Defendant's motion for summary judgment granted.

  • Cameron v. Health Care & Ret. Corp. of Am., LLC

    Publication Date: 2023-10-09
    Practice Area: Wrongful Death
    Industry: Health Care | Hospitality and Lodging
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Varricchio
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2020-C-0152

    Defendants filed a petition to compel arbitration in plaintiff's wrongful death suit alleging professional negligence at a skilled nursing facility. The court denied the petition where no evidence suggested plaintiff, who signed decedent's admission papers, had authority to execute a voluntary arbitration agreement that was included in the paperwork.

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  • Caeser v. Greentree Transp. Co.

    Publication Date: 2023-10-02
    Practice Area: Wrongful Death
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge McHugh
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 23-3005

    Court remanded wrongful death case to state court where plaintiff's citation to federal trucking regulations did not confer federal question jurisdiction as those regulations merely served as evidence of defendants' alleged negligence rather than implicating federal law. Plaintiff's motion to remand granted.

  • Essington v. Monroe County Transit Auth.

    Publication Date: 2023-09-18
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1081 C.D. 2022

    Although PennDOT and residential development had no control over safety conditions of local transit authority's bus stop, the trial court erred in granting the authority summary judgment where there were allegations that its driver's use of high beams blinded another driver who struck decedent. Order of the trial court affirmed in part and reversed and remanded in part.

  • Leslie v. Pub. Health Mgmt. Corp.

    Publication Date: 2023-08-14
    Practice Area: Wrongful Death
    Industry:
    Court: Superior Court
    Judge: Presiding Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2267 EDA 2021 Appeal from

    Trial court erred in granting plaintiff's motion to compel discovery in wrongful death and survival action brought by estate of foster parent murdered by foster child against foster family care agency and court found foster parent was not a person entitled to information from the foster care case record under §3130.44(d), ordered disclosure only of child's records as permitted by §6307(b) of the Juvenile Act and excluded any mental health treatment records and remanded trial court's order with respect to certain interrogatories for fu

  • Estate of Patterson v. Rockefeller Group Int. Inc.

    Publication Date: 2023-07-17
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-C-0060

    Defendant transportation authority filed preliminary objections alleging that a wrongful death plaintiff failed to sufficiently plead exceptions to governmental immunity. The court overruled the preliminary objections.

  • Brown v. City of Oil City

    Publication Date: 2023-06-05
    Practice Area: Wrongful Death
    Industry: Construction | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 6 WAP 2022

    Contractor could be held liable for poor workmanship that caused a dangerous or defective condition of property, even though the contractor no longer had possession of the property, the dangerous condition was known to the property owner, and the hazard was open and obvious to third parties. Order of the commonwealth court affirmed.