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Publication Date: 2019-09-16
Practice Area: Personal Injury
Industry:
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Brann
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1086
Defendant fraternity members moved to dismiss claims brought against them by parents of pledge who died as a result of hazing and court found defendants had a duty of care, breached it and breach caused pledge's injuries but court also found Pennsylvania declined to extend liability based on the social host doctrine to cases in which the defendant was under 21 and dismissed the civil conspiracy claim. Motion granted in part and denied in part.
Publication Date: 2019-09-16
Practice Area: Personal Injury
Industry: Federal Government | Transportation
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Ambro
Attorneys: For plaintiff:
for defendant:
Case Number: 10-1091
District court erred in holding that transportation security officers were not "investigative or law enforcement officers" as defined in the tort claims act at 28 U.S.C. §2680(h) because TSOs were officers of the United Sates empowered by law to execute searches and the searches were for violations of federal law. Reversed.
Publication Date: 2019-09-02
Practice Area: Personal Injury
Industry: Education | Entertainment and Leisure
Court: Supreme Court
Judge: Justice Dougherty
Attorneys: For plaintiff:
for defendant:
Case Number: 19-1027
Athletic activity waiver did not immunize school that had undertaken duty to provide athletic trainers and where liable party could not seek waiver of gross negligence or reckless conduct. Order of the superior court affirmed in part and reversed in part, case remanded.
Publication Date: 2019-08-19
Practice Area: Personal Injury
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0980
Defendant moved to preclude the testimony of plaintiff's expert in plaintiff's action over his fall over a curb in a convenience store parking lot and court found expert's report met the requirements of "fit" under rule 702. Motion denied.
Publication Date: 2019-08-19
Practice Area: Personal Injury
Industry: Construction
Court: Superior Court
Judge: Judge Stevens
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0979
Appellants appealed the jury finding and award of damages in favor of plaintiff in plaintiff's action arising from a vehicle collision and the court found trial court properly held that workers' compensation was not a collateral source, the admission of evidence of plaintiff's compromise and release with regard to his workers' compensation claim was not reversible error and plaintiff's vocational expert did not testify outside the scope of her report. Affirmed.
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Publication Date: 2019-07-22
Practice Area: Personal Injury
Industry: Construction
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Brown
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0796
Plaintiff demonstrated a colorable claim for punitive damages where the evidence established that defendants' representative was concerned about certain trusses on a construction project and whether they were being placed properly but failed to take sufficient steps to protect plaintiff from injury. The court denied in part defendants' motion for summary judgment.
Publication Date: 2019-07-22
Practice Area: Personal Injury
Industry: Retail
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Massiah-Jackson
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0786
Statements by store personnel to law enforcement regarding plaintiff's behavior and need for mental health intervention were privileged. The court held defendants were entitled to judgment on the pleadings, because such statements were entitled to absolute immunity.
Publication Date: 2019-07-15
Practice Area: Personal Injury
Industry: Education
Court: Courts of Common Pleas, Adams County
Judge: Judge George
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0782
Plaintiff was a college student who was injured by an inebriated participant at a fraternity function on campus. The court granted a preliminary objection dismissing the college as a party, because it had owed no duty to plaintiff.
Publication Date: 2019-07-15
Practice Area: Personal Injury
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Savage
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0805
Where the party contracting with the U.S. Postal Service to provide snow and ice removal services was an independent contractor exercising day-to-day supervision and control over its employees, the independent contractor exception to the Federal Tort Claims Act deprived the court of subject matter jurisdiction over the federal defendants. The court granted defendant's motion to dismiss.
Publication Date: 2019-07-08
Practice Area: Personal Injury
Industry: Food and Beverage | Retail
Court: Superior Court
Judge: Judge Bowes
Attorneys: For plaintiff:
for defendant:
Case Number: 19-0779
Trial court abused its discretion in denying appellant's requested adverse inference jury charge, when store retained less than an hour of video surveillance of the site of appellant's fall despite letter from her counsel asking store to retain more than six hours of video, because there was no legal or factual support for trial court's finding that no relevant evidence was destroyed. Vacated.
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