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Publication Date: 2018-07-24
Practice Area: Personal Injury
Industry: Non-Profit
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Eddy
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0683
Defendant non-profit organization moved for summary judgment in plaintiff member's action for defamation and defamation by innuendo and court denied the motion as to the defamation count because plaintiff was not a limited public figure, the statements were not made solely in connection with his termination as an employee and there was no privilege, but the letter informing plaintiff that he was being removed from hunting awards and the record book did not support a claim for defamation by innuendo. Granted in part and denied in part.
Publication Date: 2018-07-24
Practice Area: Personal Injury
Industry: Education | State and Local Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Baylson
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0861
Due process complaint based on injury caused by transport of special needs student dismissed on summary judgment where student had no "special relationship" with school and lack of reasonable foreseeability of harm or conscience-shocking conduct meant no state-created danger. Defendants' motion for summary judgment granted.
Publication Date: 2018-07-24
Practice Area: Personal Injury
Industry: Construction | Energy
Court: Courts of Common Pleas, Allegheny County
Judge: Judge Herzberg
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0841
The court awarded plaintiff's motion for a new trial as to damages for past medical expenses, lost profits, and pain and suffering, where the jury did not address any of those areas in its verdict.
Publication Date: 2018-07-24
Practice Area: Motor Vehicle Torts | Personal Injury
Industry: Construction
Court: Courts of Common Pleas, Adams County
Judge: Judge George
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0818
Plaintiff's complaint failed to allege a viable claim for vicarious liability on the part of the defendant employer, who's employee allegedly struck and killed a victim while driving the company's car under the influence of alcohol, as none of the negligence allegations involved conduct committed during the course and scope of the driver's employment. The court granted employer's motion for summary judgment.
Publication Date: 2018-07-17
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge DuBois
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0836
Defendant's motion for summary judgment was granted with respect to plaintiff's negligence claim for trip and fall over a curb because the curb presented an open and obvious condition. Motion granted.
Law Journal Press | Digital Book
Authors: Robert F. Connolly, MST, Susan K. Dromsky-Reed, Jeffrey D. Gordon, Tiffany Wagner Donio, Frances B. Stella, Alysse Mcloughlin, Kathleen Quinn
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Publication Date: 2018-07-10
Practice Area: Class Actions | Personal Injury
Industry: Health Care
Court: Supreme Court
Judge: Justice Wecht
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0770
Superior court erred in imposing a duty on staffing agency but correctly imposed duty on hospital, in negligence action brought by patients infected with hepatitis C by technician's theft of a controlled substance, refiling the syringes with saline and placing the contaminated syringes where they could be used to infect patients, because the CSA imposed a duty on hospital but not on agency to report the thefts to the DEA. Affirmed in part and reversed in part.
Publication Date: 2018-07-03
Practice Area: Civil Procedure | Personal Injury
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Brody
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0797
Plaintiffs' remand motion was granted in their action against store for injuries in store parking lot because store's removal of case to federal court was beyond the 30-days allowed since the §1446(b)(3) exception did not apply where store made the argument that manager named as a defendant was not a proper defendant and did not work at the store in its answer to the state court complaint and the 30 days began to run on the date of the state court answer. Remand granted.
Publication Date: 2018-07-03
Practice Area: Civil Procedure | Corporate Entities | Personal Injury
Industry: Entertainment and Leisure
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0783
A corporation is not subject to venue based solely on the business activities of a sister corporation in the jurisdiction in question; therefore, the trial court did not abuse its discretion in sustaining the defendant casino's preliminary objections challenging venue in Philadelphia County. The appellate court affirmed the trial court's order transferring venue.
Publication Date: 2018-07-03
Practice Area: Personal Injury
Industry: Education
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0746
In this personal injury matter, the complaint alleged negligent supervision by one of defendant's employees, so the court overruled defendant's preliminary objection regarding punitive damages.
Publication Date: 2018-06-26
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Lackawanna County
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 18-0718
Plaintiffs' allegations regarding the parents of an adult shooter who was allegedly a feeble-minded adult provided sufficient factual support for imposing a duty upon the parents to exercise reasonable care with respect to their son's access to their firearms. The court denied defendants' preliminary objection demurrers to plaintiffs' negligence claims.
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