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  • Trigg v. Children's Hosp. of Pittsburgh of UPMC

    Publication Date: 2018-05-29
    Practice Area: Civil Procedure
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0620

    Trial judge was not entitled to the deference standard announced in McHugh v. Proctor & Gamble, 776 A.2d 266 in appellants' challenge to a jury selection process that involved the voir dire questioning of potential jurors outside the presence of the trial judge because it was essential that a judge personally witness voir dire and the failure to do so in this case was reversible error since it forced appellants to exhaust their peremptory challenges. Judgment vacated and case remanded.

  • Commonwealth v. Davis

    Publication Date: 2018-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0622

    When the trial court found that police had probable cause to conduct a warrantless search of defendant's vehicle, it failed to consider the totality of the circumstances, including several facts that weighed heavily against the conclusion that probable cause existed. The appellate court reversed defendant's judgment of sentence and remanded.

  • In Re: Estate of Krasinski

    Publication Date: 2018-05-29
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0633

    Estate beneficiary waived challenge to private sale of estate property by failing to appeal from order affirming sale. Order of the orphans' court affirmed in part and vacated in part, case remanded.

  • Williams v. Taylor

    Publication Date: 2018-05-29
    Practice Area: Land Use and Planning | Real Estate
    Industry: Mining and Resources
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0634

    The trial court correctly found that logging company was not entitled to a prescriptive easement on a lane running through landowner's land because substantial evidence supported the trial judge's findings that the lane passed through an "unenclosed woodland" and the unenclosed woodlands act barred a prescriptive easement. Affirmed.

  • S.G. v. J.M.G.

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0619

    Trial court erred in finding that expert child custody evaluator had no standing to bring a contempt action asking the court to enforce its order directing mother to pay a portion of his fees because mother was ordered by the court to pay the costs and thus, the court was the proper court to adjudicate the alleged contempt of its order. Reversed.

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  • Vinson v. Fitness & Sports Clubs, LLC

    Publication Date: 2018-05-22
    Practice Area: Contracts | Personal Injury
    Industry: Entertainment and Leisure
    Court: Superior Court
    Judge: Judge McLaughlin
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0612

    Trial court properly dismissed appellant's claims against her fitness club for her slip and fall injury because her claims were barred by the exculpatory clause in the membership agreement she had signed. Affirmed.

  • In the Interest of: N.M., a minor

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0605

    Orders denying kinship care and involuntarily terminated parental rights reversed where parents complied with service plan goals and where there was no record evidence to find that kinship care would place child at risk, but was instead motivated by trial court's desire to have parents admit to child abuse rather than proper purpose of maintaining family unity. Orders of the trial court reversed, case remanded.

  • Hoffman v. Gongaware

    Publication Date: 2018-05-22
    Practice Area: Real Estate
    Industry: Mining and Resources | Real Estate
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0610

    Trial court erred in dismissing conversion and unjust enrichment complaint stemming from removal of timber where evidence suggested plaintiffs reserved for themselves a real property interest in the timber. Order of the trial court reversed, case remanded.

  • In the Interest of A.W.

    Publication Date: 2018-05-22
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0611

    Juvenile court authorized to grant legal custody to DHS and empower it to make routine medical decisions on behalf of children in its custody, even over the objections of a child's parent, guardian, or custodian. Order of the juvenile court affirmed.

  • Commonwealth v. Robertson

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0607

    Defendant's consent to blood draw was voluntary where she was not advised that she would be subject to criminal penalties for refusal, and where totality of circumstances indicated that defendant understood her rights to refuse a blood draw and was not under coercion or duress. Orders of the trial court reversed, case remanded.