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  • Good v. Williams

    Publication Date: 2019-11-18
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Shreeves-Johns
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1284

    The court properly denied plaintiff's motion for a new trial, because the jury was not required to award damages, and the court's evidentiary rulings did not involve any abuse of discretion.

  • Koch v. Musser

    Publication Date: 2019-11-11
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Linhardt
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1275

    Plaintiff's chronic marijuana use was relevant and admissible to the issues of his future earning capacity and his future life expectancy, though evidence of plaintiff's chronic marijuana use as a factor relevant to his future life expectancy required expert testimony. The court granted in part and denied in part plaintiff's motion in limine.

  • Kardos v. Armstrong Pumps, Inc.

    Publication Date: 2019-11-11
    Practice Area: Civil Procedure | Personal Injury
    Industry: Chemicals and Materials | Manufacturing
    Court: Superior Court
    Judge: Judge Gantman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1309

    Trial court erred when it precluded the use of decedent's deposition testimony and affidavit during summary judgment proceedings in an asbestos case because appellant, as non-movant, could use decedent's properly executed affidavit as part of the record in opposition to appellees' motions for summary judgment and the deposition testimony met a hearsay exception. Summary judgment vacated, order reversed and remanded.

  • Sawyers v. Davis

    Publication Date: 2019-11-04
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1301

    Trial court erred in dismissing appellant's personal injury action against car driver for improper service because appellant offered sufficient evidence that he complied with the manner of service in Pa.R.C.P. 403, 404 and 405 to shift the burden to driver who offered no evidence refuting appellant's evidence that service complied with the rules. Vacated.

  • Pasquini v. Fairmount Behavioral Health Sys.

    Publication Date: 2019-10-28
    Practice Area: Personal Injury | Public Records
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge New
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1247

    The Mental Health Procedures Act and the psychotherapist-patient privilege did not prevent defendants from answering a request for admissions regarding their knowledge of a person's sex offender status.

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    New Jersey Estate & Trust Litigation 2024

    Authors: Michael R. Griffinger, Paul F. Cullum III, Cathleen T. Butler

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  • Pearson v. Philadelphia Eagles, LLC

    Publication Date: 2019-10-21
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1240

    Trial court erred in denying appellants' motion for JNOV in plaintiff's personal injury action for injuries caused by opposing fans at a football stadium because property owners were liable to business invitees for harm caused by the foreseeable criminal actions of third parties and record did not support trial court's conclusion that appellants were on notice that violent assaults occurred in the restrooms. Reversed and vacated.

  • Matthews v. Batroney

    Publication Date: 2019-10-21
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1239

    Trial court correctly refused to charge the jury on 75 Pa. C.S.A. §3321 of the motor vehicle code in bicyclist's action against driver after they collided in an intersection because appellant's admitted violation of §3323(b) forfeited his right-of-way proscribed by §3321 and thus §3321 was inapplicable. Affirmed.

  • Shiflett v. Lehigh Valley Health Network, Inc.

    Publication Date: 2019-10-07
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Supreme Court
    Judge: Justice Donohue
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1182

    Superior court erred in ordering retrial on damages based on trial court's erroneously allowing a time barred claim in a personal injury action because the general verdict rule applied and there was a legally supportable finding of liability to support the damages award. Reversed.

  • Shelton v. Gure

    Publication Date: 2019-09-23
    Practice Area: Personal Injury
    Industry:
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Caputo
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1123

    Court denied defendants' motions to dismiss in plaintiff's action alleging recklessness and demanding punitive damages, for a tractor trailer accident allegedly caused by defendant driver pulling from the berm into the traffic lane at night with no lights, because allegations that defendant violated Federal Motor Carrier Safety Regulations coupled with allegations of a conscious disregard for the safety and rights of others adequately stated claims for recklessness and punitive damages. Motion denied.

  • Smith v. Lawrence County Housing Auth.

    Publication Date: 2019-09-16
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Hodge
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-1075

    Defendant, a municipal corporation, was not entitled to summary judgment in this slip and fall case as it was not clear whether the ice and snow in the area of plaintiff's fall accumulated naturally due to winter conditions or pooled unnaturally with assistance from a slopping depression, warranting application of the real estate exception to sovereign immunity. The court denied defendant's motion for summary judgment.