• Rogers v. Thomas

    Publication Date: 2021-05-31
    Practice Area: Wrongful Death
    Industry: Retail
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0606

    Trial court erred in permitting jury to determine whether or not defendant was negligent since he had been criminally convicted of voluntary manslaughter in killing decedents on defendant's father's property but did not err in allowing jury to determine whether gun shop was liable, in directing a verdict in favor of defendant's father or in allowing jury to determine whether decedents were comparatively negligent. Vacated and remanded.

  • DeAngelis v. Penn Cent. Corp.

    Publication Date: 2021-04-26
    Practice Area: Wrongful Death
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0456

    Court dismissed Federal Employers' Liability Act case on forum non conveniens grounds where worksite and potential witnesses were located outside of the state, providing "weighty reasons" to exercise discretion to dismiss the case. Order of the trial court affirmed.

  • Hurt v. Penn Cent. Corp.

    Publication Date: 2021-04-26
    Practice Area: Wrongful Death
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0452

    Greater number of witnesses residing outside the jurisdiction, plus the need to possibly conduct site viewings, along with other private and public factors supported trial court's exercise of discretion to dismiss on forum non conveniens grounds. Order of the trial court affirmed.

  • Loomis v. Bomba

    Publication Date: 2021-04-12
    Practice Area: Wrongful Death
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0325

    Plaintiffs were not entitled to a new trial because the verdict was not against the weight of evidence, the jury instructions were adequate, and certain evidence was admissible under a hearsay exception.

  • Greenspan v. Platinum Healthcare Group, LLC

    Publication Date: 2021-03-29
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Wolson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0334

    Court struck affirmative defenses from an answer where defendant failed to assert any allegations or cite to any facts or evidence that would give rise to a good faith basis to plead the defense. Defendant's affirmative defenses struck without prejudice.

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  • Romano v. United States

    Publication Date: 2020-12-28
    Practice Area: Wrongful Death
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Marston
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1411

    Administrators of decedent's estate moved for approval of the settlement in their wrongful death act and survival action over decedent's death in VA medical center and court found the settlement and its allocation were reasonable. Petition granted.

  • McMichael v. McMichael

    Publication Date: 2020-12-07
    Practice Area: Wrongful Death
    Industry: Energy
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1328

    Jury erred in awarding no non-economic damages to surviving spouse who testified as to the duration and quality of her marriage with decedent. Order of the superior court affirmed in part and reversed in part, case remanded.

  • DiDonato v. Ski Shawnee, Inc.

    Publication Date: 2020-11-09
    Practice Area: Wrongful Death
    Industry: Education | Entertainment and Leisure
    Court: Superior Court
    Judge: Judge King
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1212

    Defendants waived arbitration by failing to produce the purported arbitration agreement and instead engaging in a year of venue-related litigation before ultimately filing preliminary objections to compel arbitration, demonstrating an intentional engagement with the judicial process rather than an effort to seek arbitration. Order of the trial court affirmed in part and reversed in part, case remanded.

  • Evans v. Columbia County

    Publication Date: 2020-11-02
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Schwab
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1187

    Pennsylvania Political Subdivision Tort Claims Act could not immunize state or municipal employees from their alleged violations of federal law, such that defendant employees could not obtain dismissal of state wrongful death and survival causes of action based on violations of federal law. Defendants' motions to strike and to dismiss denied.

  • Johnson v. City of Philadelphia

    Publication Date: 2020-10-05
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: U.S. Court of Appeals for the Third Circuit
    Judge: Circuit Judge Matey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-1074

    City not liable for fire department's negligence to advise responding firefighters of the presence of 911 callers who had been instructed by operators to remain inside their burning apartment building, as such negligence constituted an omission rather than affirmative act and could not rise to the level of deliberate indifference. Order of the district court affirmed.