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  • Hicks v. DEPG Stroud Assoc., III, LP

    Publication Date: 2024-06-07
    Practice Area: Premises Liability
    Industry: Food and Beverage | Hospitality and Lodging | Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 807 CIVIL 2021

    Defendants sought summary judgment in plaintiff's slip and fall premises liability case. The court denied defendants' summary judgment motions, concluding that fact issues existed regarding negligence and constructive notice on the part of the property owner and its landscaping company where the landscaper had piled snow on a paved parking area, potentially leading to melting and re-freezing that led to plaintiff's fall on a patch of black ice.

  • Chanthanasinh v. LZ Holding Pennsylvania, LLC

    Publication Date: 2024-06-07
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1500 CV 2022

    Premises liability defendants filed preliminary objections, arguing plaintiff failed to make diligent efforts to serve his complaint, which was insufficiently specific for failing to plead separate claims against each defendant. The court denied defendants' preliminary objections, holding that plaintiff properly relied on a sheriff's affidavit of good service, and plaintiff was not required to plead separate counts where he alleged defendants were jointly liable for negligence on identical facts.

  • Rockey v. Stearns

    Publication Date: 2024-05-31
    Practice Area: Premises Liability
    Industry:
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CV2022-00791

    The court denied defendants' motion for summary judgment finding multiple disputes issues of material fact.

  • Ziadeh v. Walmart Inc.

    Publication Date: 2024-01-22
    Practice Area: Premises Liability
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Wilson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1:22-CV-00094

    Defendant moved for summary judgment in action over plaintiff's fall over a pallet in the store and court found defendant owed no duty to plaintiff because the pallet was an objectively obvious danger, no party argued the assumption of risk doctrine in this summary judgment context, and plaintiff's subjective apprehension of the danger of the pallet was not relevant. Motion granted.

  • Depolito v. Okamoto

    Publication Date: 2024-01-01
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5499 CIVIL 2023

    Defendants filed preliminary objections to personal injury plaintiff's civil complaint alleging premises liability. The court overruled defendants' objections to plaintiff's claim of negligence where plaintiff adequately apprised defendants that they were being sued for negligently failing to remedy a dangerous condition of their sidewalk, namely that a portion of the sidewalk was raised above its surroundings and caused plaintiff to trip and fall. The court sustained defendants' objections to plaintiff's allegations of respondeat sup

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  • Patterson v. Rockefeller Group Int. Inc.

    Publication Date: 2023-07-10
    Practice Area: Premises Liability
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 2022-C-0060

    Plaintiff failed to demonstrate the existence of a duty by defendant or a link between defendant's actions and plaintiff's decedent's death. Plaintiff's complaint dismissed.

  • Hannibal v. Solid Waste Serv., Inc.

    Publication Date: 2023-02-27
    Practice Area: Premises Liability
    Industry: Insurance
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Shreeves-Johns
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 01172

    Defendant's insurer could not intervene in this premises liability action for the limited purpose of submitting interrogatories in aid of determining whether plaintiff's accident was excluded under its insurance policy as the insurer's liability was uncertain and it did not have a legally enforceable interest in the matter. The trial court recommended affirmance.

  • Cox v. Cemex, Inc.

    Publication Date: 2023-02-06
    Practice Area: Premises Liability
    Industry: Manufacturing | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 10132 OF 2020, C.A.

    While liability can be imposed upon a landowner and municipality where an object obstructs a roadway and causes injury, there were genuine issues of material facts regarding whether the tree that injured plaintiff was protruding over the roadway from the landowner's property at the time of the subject accident. The court denied defendants' motion for summary judgment.

  • Coleman v. W. Oilfields Supply Co.

    Publication Date: 2022-12-19
    Practice Area: Premises Liability
    Industry: Energy
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4:21-CV-00090

    Plaintiffs could not rely upon relation-back doctrine to make amended complaint timely where correct party did not have timely notice of the original complaint and there was no fraudulent concealment of the party's identity or participation in the alleged events. Defendant's motion to dismiss granted.

  • Massaro v. McDonald's Corp.

    Publication Date: 2022-08-15
    Practice Area: Premises Liability
    Industry: Food and Beverage
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0915

    Trial court erred in sustaining defendant's preliminary objections to plaintiff's action asserting negligence/gross negligence and premises liability for defendant's employees' refusal to intervene or call police when man in restaurant subjected plaintiff to a racist, threatening tirade and misconstrued the nature of plaintiff's legal claims and court found there was no doubt that premises owner running a restaurant open to the public owed a duty of care to business invitees. Vacated.