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Publication Date: 2022-10-24
Practice Area: Administrative Law
Industry: Automotive | State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Capuano
Attorneys: For plaintiff:
for defendant:
Case Number: 826 CV 2022
The court affirmed the decision of respondent Pennsylvania Department of Transportation in suspending a safety inspector's license for a period of two years finding that petitioner improperly furnished a certificate of safety without first conducting a proper safety inspection. The court found that respondent met its burden under 75 Pa. C.S.A. §4726 and 6 Pa. Code §175.130, which both addressed consequences for a mechanic's failure to perform a proper safety inspection.
Publication Date: 2022-10-24
Practice Area: Legislation
Industry: State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 7092 CV 2021
The court ruled that, although a municipality's statutes pertaining to their library taxes presented conflicting statements due to a grammatical error, the statute could nevertheless be reviewed for its clear statutory intent under the Statutory Construction Act. Therefore, in reviewing the statute and examining the statute's clear intent, the court ultimately held that the library could increase tax rates without first submitting the issue to municipalities' voters.
Publication Date: 2022-10-17
Practice Area: Administrative Law
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 824 CIVIL 2022
The court affirmed the decision of the Pennsylvania Department of Transportation suspending petitioner automotive service company's license due to fraudulent record keeping. The court noted that the department presented sufficient requisite level of proof at the hearing to affirm the decision.
Publication Date: 2022-10-17
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1183 CIVIL 2022
The court overruled plaintiff's objections to defendant's preliminary objections in a matter arising out of allegedly defamatory statements between strangers in line at a store. The court noted that plaintiff failed to plead all of the required elements of a defamation claim, finding specifically that no one at the store knew his name and therefore did not know whom the defamatory statements were referring to. The court further found that plaintiff failed to plead special damages pursuant to Pa. R.C.P. 1019(f).
Publication Date: 2022-10-03
Practice Area: Wrongful Death
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5117 CIVIL 2020
Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently failed to ensure a bus stop outside of their gated community was safe. The court granted the motion on the grounds that defendants had no control over where the bus stops were installed and owed no duty to plaintiff on these grounds.
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Publication Date: 2022-10-03
Practice Area: Wrongful Death
Industry: Real Estate
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5117 CIVIL 2020
Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently failed to ensure a bus stop outside of their gated community was safe. The court granted the motion on the grounds that defendants had no control over where the bus stops were installed and owed no duty to plaintiff on these grounds.
Publication Date: 2022-10-03
Practice Area: Wrongful Death
Industry: State and Local Government | Transportation
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 5117 CIVIL 2020
Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently located and designed a dangerous bus stop. The court granted the motion on the grounds that plaintiffs' claims were barred under the doctrine of sovereign immunity due to precedent holding immunity was only waived in instances where defendant government agency constructed a negligent condition.
Publication Date: 2022-09-26
Practice Area: Contracts
Industry: Construction | Insurance
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1994 CIVIL 2022
While Pennsylvania does not recognize direct causes of actions against insurance carriers by third-parties, the court refused to dismiss plaintiff's complaint where the crux of his claim was not based on the subject insurance policy but on the insurer's breach of an agreement to pay a sum certain in exchange for plaintiff's decision to forego litigation. The court denied in part defendant's preliminary objections.
Publication Date: 2022-09-26
Practice Area: Personal Injury
Industry: Cargo and Shipping | Distribution and Wholesale
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 1093 CIVIL 2022
Defendants could not be held liable for injuries plaintiff allegedly suffered in a slip and fall accident during an ongoing weather event as icy rain conditions were occurring generally throughout the area and not all of the icy conditions could reasonably be addressed. The court granted defendants' motion for summary judgment.
Publication Date: 2022-09-26
Practice Area: Trusts and Estates
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 001961-CV-2019
Court granted motion to dismiss matter arising out of a family dispute regarding a life tenancy on a decedent's property. The court granted the motion to dismiss on the grounds that the administrator of the estate failed to file the complaint within the applicable statute of limitations. The court further granted the motion on the grounds that the administrator simply speculated that decedent suffered damages but otherwise failed to produce any appraisals, facts, or figures which supported the claim.
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