• Boyd v. Shenango Presbyterian SeniorCare

    Publication Date: 2023-04-24
    Practice Area: Personal Injury
    Industry: Health Care | Hospitality and Lodging
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 30007 OF 2021, C.A.

    Defendants filed preliminary objections to plaintiffs' complaint, which alleged negligence claims arising from a decedent's treatment at a senior care facility. The trial court sustained defendants' preliminary objections in part and overruled them in part.

  • Kobal v. Neshannock Twp.

    Publication Date: 2023-02-13
    Practice Area: Government
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10711 of 2022, C.A.

    The court sustained defendants' preliminary objections to the application for declaratory relief on the grounds that plaintiffs first raised their objections to a taking in the form of a request for declaratory relief rather than first raising those issues in preliminary objections to defendant's declaration of taking.

  • 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.

  • Denelle v. Denelle

    Publication Date: 2023-02-06
    Practice Area: Family Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10699 OF 2019, C.A.

    The court granted defendant Medvid's preliminary objections in part finding that while plaintiff's complaint should not be dismissed for improper service or failure to spell defendant's name properly on the caption, it should be dismissed for plaintiff's failure to adequately plead fraud, unjust enrichment, and negligent misrepresentation.

  • Eggelston v. Richards

    Publication Date: 2023-01-16
    Practice Area: Personal Injury
    Industry: Real Estate
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10753 OF 2019, C.A.

    The court denied a motion to dismiss in part on the basis that a genuine issue of material fact existed as to whether defendant landlord had knowledge of an animal's dangerous propensity at issue in a dog bite case. The court did, however, grant the motion to dismiss the claim for punitive damages, finding that plaintiffs failed to plead that defendants' conduct was outrageous or that they acted with evil motives.

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  • Shiek v. Morgan

    Publication Date: 2023-01-09
    Practice Area: Wrongful Death
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10244 OF 2022, C.A.

    Plaintiffs' allegations that the adult defendants allowed or encouraged underage drinking in their homes were sufficient to establish a legally cognizable claim for negligence as adults owe a duty of care to their minor guests and they breach that duty by serving minors alcoholic beverages of any amount. The court overruled defendants' preliminary objections in part.

  • Commonwealth v. Forkey

    Publication Date: 2022-12-12
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 791 OF 2021, C.R.

    The court granted defendant's motion to suppress evidence seized during a warrantless search around defendant's curtilage. Although the Commonwealth argued that the emergency aid exception applied, the court disagreed, and pointed to the fact that the officer did not make attempts to arrange medical care for the defendant and even continued on with investigative questions about the incident rather than rendering emergency aid.

  • Commonwealth v. Lucicosky

    Publication Date: 2022-11-21
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 189 OF 2022, C.R.

    The court granted in part and denied in part criminal defendant's pretrial motion for a writ of habeas corpus. The court reviewed the extensive evidence demonstrating that the prosecution had sufficient probable cause to hold defendant on a majority of the crimes he was charged with. The court only granted defendant's motion with regard to a trespass count codified in 18 Pa.C.S.A. §3503(b.1)(1)(i), finding that defendant had acted in a way to conceal his presence on the property and did not intend to terrorize the family while stealin

  • Eggleston v. Richards

    Publication Date: 2022-11-07
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10753 OF 2019, C.A.

    Evidence that defendant landlord had observed the behavior of a tenant's dog, including the dog's restraint and his aggressive behavior on at least one occasion, created a material issue of fact as to whether defendant had knowledge of the dog's aggressiveness or propensity for viciousness. The court denied defendants' motion for summary judgment.

  • Geidner v. Volant Borough

    Publication Date: 2022-10-31
    Practice Area: Government
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 70040 OF 2021, C.A.

    Plaintiffs sufficiently alleged that they had a legal right to have a public restroom opened by the defendant borough where they paid a merchant license fee directed at raising funds to maintain the restroom and continued to pay the fee without their customers having consistent and regular access to the facility. The court overruled in part defendants' preliminary objections.