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Publication Date: 2024-09-06
Practice Area: Personal Injury
Industry:
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 104 MAP 2022
Lower courts erred in enjoining property owner from posting signs protesting neighbor's allegedly racist behavior where posting the signs constituted pure speech as it was motivated in part by highlighting the community effects of racism, and thus an injunction constituted an impermissible prior restraint on speech. Order of the superior court vacated in part.
Publication Date: 2024-08-30
Practice Area: Personal Injury
Industry: Legal Services | State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Austin
Attorneys: For plaintiff:
for defendant:
Case Number: 230303404
Defendants filed preliminary objections to plaintiffs' complaint alleging negligence that resulted in sexual abuse of a child. The court sustained defendant First Judicial District's preliminary objections and overruled those of defendant City of Philadelphia. The court held that defendant FJD fell outside the Sovereign Immunity Act's waiver of sovereign immunity because it was not a Commonwealth agency encompassed by the waiver. The court held that defendant City did not enjoy sovereign immunity because plaintiffs' case fell within t
Publication Date: 2024-08-30
Practice Area: Personal Injury
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Erdos
Attorneys: For plaintiff:
for defendant:
Case Number: 01306
Appellant Delaware County Department of Human Services appealed the trial court's denial of its motion for summary judgment on the basis of sovereign immunity. The court concluded that its order denying summary judgment should be reversed and appellee's complaint against appellant dismissed. The court held that a county department of human services enjoyed sovereign immunity under the Political Subdivision Tort Claims Act when sued for allegedly negligent oversight giving rise to a minor child's physical and sexual abuse by kinship ca
Publication Date: 2024-08-30
Practice Area: Personal Injury
Industry: Automotive
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2507 EDA 2023
Court properly amended judgment to substitute owner of non-legal business entity in judgment where the owner knew of the action by signing the answer verification and would have been named as the defendant but for a mistake in the identity of the proper party. Order of the trial court affirmed.
Publication Date: 2024-08-30
Practice Area: Personal Injury
Industry: Hospitality and Lodging
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 002497 CV 2022
The court granted summary judgment to defendant resort on a personal injury claim by plaintiff alleging alleged he contracted a fungal infection after using a hot tub in his room.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2024-08-23
Practice Area: Personal Injury
Industry: State and Local Government
Court: Courts of Common Pleas, Lehigh County
Judge: Judge Cohen
Attorneys: For plaintiff:
for defendant:
Case Number: 2021-C-1461
Defendant city sought summary judgment in plaintiff's personal injury action alleging liability for a hazardous condition on a roadway. The court granted the motion, holding that plaintiff could not recover as a matter of law where she admitted in deposition testimony that she was not watching where she was going as she crossed the street in her mobility scooter, and that had she been watching she would have seen and avoided the clearly dangerous pothole in the road.
Publication Date: 2024-08-23
Practice Area: Personal Injury
Industry: Health Care | Hospitality and Lodging
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Carlucci
Attorneys: For plaintiff:
for defendant:
Case Number: 2023-01142
Court granted defendants' preliminary objections in part and denied them in part. Plaintiff was directed to file an amended complaint.
Publication Date: 2024-08-23
Practice Area: Personal Injury
Industry: Food and Beverage | Retail
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Bright
Attorneys: For plaintiff:
for defendant:
Case Number: 2390
Personal injury plaintiffs appealed the court's order granting appellee property owner's motion to dismiss on the basis of forum non conveniens. The court concluded that its order should be affirmed where the accident at issue occurred in a business located in Delaware, appellee had merely minimal connections with Pennsylvania, and Delaware was a viable alternative forum for appellants' suit.
Publication Date: 2024-08-23
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Kennedy
Attorneys: For plaintiff:
for defendant:
Case Number: 2188
In this § 1925(a) opinion, the court requested that its opinion, finding that liability for the intentional torts of assault and battery by a police officer may be imposed despite a willful misconduct finding under the Tort Claims Act, be affirmed and that the remaining claims which were not preserved for appellate review did not warrant relief.
Publication Date: 2024-08-23
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Dubow
Attorneys: For plaintiff:
for defendant:
Case Number: 837 EDA 2022
Trial court erred in applying Child Protective Services Law to reject wife's invocation of spousal privilege to resist deposition on her conversations with her late husband regarding child sexual abuse allegations against him, where alleged victim failed to overcome presumption in favor of confidentiality of spousal communications. Order of the trial court reversed.
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