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  • Eastman v. Smith

    Publication Date: 2023-02-13
    Practice Area: Personal Injury
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hardy
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-577

    Defendant, a high school technology instructor, was entitled to qualified immunity as to plaintiff's personal injury claim as the record made clear that defendant was not on notice that the conduct alleged by plaintiff would violate a "clearly established" constitutional right. The court granted defendant's motion for summary relief.

  • Roe v. The Devereux Found.

    Publication Date: 2023-02-06
    Practice Area: Personal Injury
    Industry: Health Care | Hospitality and Lodging
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Brody
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-2655

    Child residents of inpatient behavioral care facilities had Article III standing to seek injunctive relief against facility operator where they had alleged ongoing patterns of physical and sexual abuse and could obtain redress in the form of revised policies aimed at reducing the risk of or preventing abuse. Defendant's motion to dismiss or strike denied.

  • Noga v. Wal-Mart Stores East, L.P.

    Publication Date: 2023-01-30
    Practice Area: Personal Injury
    Industry: Retail
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10170 of 2019, C.A.

    The court denied defendant company's motion for summary judgment in a slip and fall case on the basis that plaintiff had pled sufficient evidence for a jury to conclude a causal connection between the alleged dangerous condition and her injury.

  • Khawaja v. Bay Mgmt. Group, LLC

    Publication Date: 2023-01-30
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Bartle
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-182

    Defendants moved for summary judgment in plaintiff's defamation action and court found the statute of limitations or substantial truth barred claims based on a statement and letter but not the last message alleging plaintiff "broke into the premises." Motion granted in part and denied in part.

  • Hadnagy v. Moss

    Publication Date: 2023-01-30
    Practice Area: Personal Injury
    Industry: Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Beetlestone
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-3060

    Internet publication of allegedly defamatory report was insufficient conduct to establish personal jurisdiction over foreign defendants. Defendants' motion to dismiss granted.

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    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Skillman v. Patel

    Publication Date: 2023-01-23
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CV-22-00444

    Plaintiff's allegations were insufficient to support his claim for punitive damages as the complaint arising from his alleged experience with bed bugs at defendants' hotel did not aver facts sufficient to support a conclusion that defendants' purported conduct went beyond mere negligence. The court sustained in part defendants' preliminary objections.

  • Shellenberger v. Kreider Farms

    Publication Date: 2023-01-23
    Practice Area: Personal Injury
    Industry: Agriculture
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 455 EDA 2022

    Trial court erred in granting summary judgment to appellees in plaintiffs' asbestos personal injury action and erred in finding appellees' failure to warn husband of the dangers of asbestos did not constitute negligence and court found plaintiff wife presented sufficient evidence to establish a genuine issue of material fact that appellees' failure to protect husband from exposure to asbestos constituted a breach of the duty they owed him as their employee. Reversed.

  • Eggelston v. Richards

    Publication Date: 2023-01-16
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10753 OF 2019, C.A.

    The court denied a motion to dismiss in part on the basis that a genuine issue of material fact existed as to whether defendant landlord had knowledge of an animal's dangerous propensity at issue in a dog bite case. The court did, however, grant the motion to dismiss the claim for punitive damages, finding that plaintiffs failed to plead that defendants' conduct was outrageous or that they acted with evil motives.

  • Doe v. Hand & Stone Franchise Corp.

    Publication Date: 2023-01-02
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 04964

    Defendants' general duty of care could not be extended to find their failure to report a former employee and sexual predator to authorities because there was no special relationship between the employer and plaintiffs, the predator's future alleged victims. The court recommended affirmance of it order granting defendants summary judgment.

  • Estate of Quigley v. Pottstown Hosp., LLC

    Publication Date: 2022-12-19
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1022 EDA 2022

    Trial court erred in granting defendant Tower Health's motion for a change of venue in action for negligence, premises liability, and assault/raperespondeat superior alleging decedent was raped and sexually assaulted while a patient at hospital owned by Tower Health and court found that Tower Health, a parent corporation and named defendant, regularly conducted business in Philadelphia for the purposes of establishing venue. Reversed.