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  • Kistler v. Dietrich

    Publication Date: 2023-10-09
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1694 MDA 2022

    Trial court properly dismissed appellant's negligence action against defendants over his automobile accident because defendants, conducting an estate sale on their property, owed no duty to appellant to direct traffic on the road or to restrict legal, on-street parking. Affirmed.

  • Simone v. Alam

    Publication Date: 2023-10-09
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1536 MDA 2022

    Trial court properly dismissed appellant's slip and fall action for failure to join an indispensable party, co-owner of the property because appellant's claim was expressly premised, in part, on ownership of the real property. Affirmed.

  • In re R.H.M.

    Publication Date: 2023-10-09
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 530 MDA 2023

    Trial court properly granted summary judgment to father in mother's petition to involuntarily terminate father's parental rights on the basis of child being conceived as a result of rape because collateral estoppel applied based on trial court's finding in favor of father in mother's petition for a sexual violence protection order. Affirmed.

  • Sinoracki v. The Children's Serv. Ctr. of Wyoming Valley

    Publication Date: 2023-10-02
    Practice Area: Personal Injury
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1064 MDA 2022

    Trial court properly granted summary judgment to defendants, Children's Service Center of Wyoming Valley and CSC doctor, in appellant's action for negligence after child treated by defendants assaulted and killed neighbor because appellant failed to show defendants owed neighbor's family a duty of care. Affirmed.

  • Golik v. Erie. Ins. Exch

    Publication Date: 2023-08-28
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1110 WDA 2022

    Subsequently named insured on auto policy was presumed to have constructive knowledge of prior first named insured's execution of UM stacking waiver, which bound the subsequently named insured if they took no steps to alter their coverage. Judgment of the trial court vacated, case remanded.

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  • Commonwealth v. Whitmire

    Publication Date: 2023-08-14
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1302 WDA 2022

    Defendant appealed his conviction of DUI-controlled substance and court agreed with trial court, found Commonwealth v. Watts, 283 A.3d 1252, was controlling, it was illegal to drive with any amount of marijuana, medical or otherwise, in a driver's system and found there was no evidence of entrapment and commonwealth sufficiently showed appellant drove. Affirmed.

  • Commonwealth v. Deible

    Publication Date: 2023-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1258 WDA 2022

    Commonwealth presented sufficient evidence to support an animal cruelty conviction where record showed defendant's dog's coat had become matted and filled with foreign debris, with such a condition only possible after a long period of ignoring the dog's poor appearance. Judgment of sentence affirmed.

  • Commonwealth v. Agnew

    Publication Date: 2023-08-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1408 WDA 2022

    Post Conviction Relief Act court erred in granting nunc pro tunc direct appeal rights where counsel's alleged errors would not have completely foreclosed appellate review and defendant's Confrontation Clause claim lacked merit. Order of the PCRA court reversed, appeal dismissed.

  • In re Estate of Schaefer

    Publication Date: 2023-08-07
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1342 WDA 2022

    Appellant appealed the order distributing decedent's IRA to his second wife and court found 1) the plain and unambiguous language of the IRA provided for inheritance by a surviving spouse only if there was no named beneficiary, 2) decedent had named first wife as the beneficiary and 3) second wife waived her right to decedent's separate property and any part of his estate in the premarital agreement. Vacated.

  • Cavallo Mineral Partners, LLC v. EQT Prod. Co.

    Publication Date: 2023-07-10
    Practice Area: Energy and Natural Resources
    Industry: Energy
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 834 WDA 2022

    Court quashed appeal of judgment on the pleadings in quiet title action where judgment did not apply to all defendants and the judgment was made without prejudice to plaintiff filing an amended pleading restating its quiet title, conversion, trespass, and ejectment claims. Appeal quashed.