• Marshall v. Brown's IA, LLC

    Publication Date: 2019-07-08
    Practice Area: Personal Injury
    Industry: Food and Beverage | Retail
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0779

    Trial court abused its discretion in denying appellant's requested adverse inference jury charge, when store retained less than an hour of video surveillance of the site of appellant's fall despite letter from her counsel asking store to retain more than six hours of video, because there was no legal or factual support for trial court's finding that no relevant evidence was destroyed. Vacated.

  • In the Interest of T.G.

    Publication Date: 2019-05-06
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0525

    Juvenile court erred in finding that mother's neglect of child's medical conditions was not tantamount to child abuse because the record was devoid of any evidence to support the juvenile court's conclusion that child's failure to thrive was the result of preexisting medical conditions. Reversed in part.

  • Scioli Turco, Inc. v. Prioleau

    Publication Date: 2019-04-22
    Practice Area: Real Estate
    Industry: Non-Profit
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0461

    Trial court properly denied appellant's petition for conservatorship of a building because appellant failed to meets its burden of showing that building had not been legally occupied for at least the previous 12 months where owner testified he lived in the building and slept there three nights a week and appellant presented no evidence of any building code violations that prevented owner from occupying the property. Affirmed.

  • Sharpe v. McQuiller

    Publication Date: 2019-04-15
    Practice Area: Civil Procedure | Dispute Resolution
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-04020

    Appellant appealed the judgment entered in favor of plaintiffs on a compulsory arbitration award over an automobile accident and the court found the original service of process was valid and conferred personal jurisdiction over appellant and she waived any objection to service of process when she participated in the merits of the litigation by providing handwritten and signed answers to interrogatories and requests for admission. Affirmed.

  • Kowalski v. TOA PA V, L.P.

    Publication Date: 2019-04-15
    Practice Area: Damages | Real Estate
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0427

    Trial court correctly reversed nonsuit on trespass claim where development of uphill property was not natural use of the property and thereby attached liability for continuing trespass. Judgment of the trial court affirmed in part and reversed and remanded in part.

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  • Marshall v. Brown's IA, LLC

    Publication Date: 2019-04-15
    Practice Area: Evidence | Personal Injury | Premises Liability
    Industry: Retail
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0383

    Trial court abused its discretion to deny an adverse inference instruction where defendant engaged in spoliation by failing to preserve the period of surveillance video requested by plaintiff in her slip-and-fall case, where additional footage would have been relevant to show the spill of the alleged substance on the floor or whether defendant's staff followed reasonable inspection procedures. Judgment vacated, case remanded for new trial.

  • Commonwealth v. Ligon

    Publication Date: 2019-04-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0430

    While defendant, a juvenile lifer, was entitled to resentencing in the wake of the U.S. Supreme Court's ruling in Miller v. Alabama, the resentencing court was statutorily required to sentence him to a maximum term of life pursuant to Pennsylvania precedent. The appellate court affirmed defendant's judgment of sentence.

  • Sensenich v. Morcos

    Publication Date: 2019-03-18
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0243

    Trial court erroneously gave "two schools of thought" instruction where claims involved whether any procedure should have been performed at all, but such error was harmless where the jury was instructed to not apply the doctrine to the unnecessary procedure claim. Judgment affirmed.

  • Commonwealth v. Hampton

    Publication Date: 2019-02-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0197

    While the arresting police officer did not activate her lights or siren when she pulled up behind defendant, she nevertheless restrained defendant's freedom of movement by means of physical force where she blocked the exit and, thus, an investigative detention unsupported by reasonable suspicion commenced. The appellate court vacated a judgment of sentence, reversed and remanded.

  • In Re: C.M.K., a minor

    Publication Date: 2019-02-12
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0156

    Trial court erred in denying petition to involuntarily terminate father's parental rights where record demonstrated father's ongoing drug use and inconsistent attendance at court-ordered drug and behavioral therapy, indicating a neglect to remedy causes of parental incapacity. Order of the trial court vacated, case remanded.