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  • Straw v. Fair

    Publication Date: 2018-05-29
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: Automotive
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0638

    Trial court erred in granting summary judgment in favor of additional defendants who worked on hood latch that failed while father was driving the car and led to a serious accident because genuine issues of material fact existed as to the actions of car inspection station, oil change center and auto parts store in rendering services to plaintiffs. Judgement vacated.

  • 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.

  • Commonwealth v. Miller

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0606

    Defendant's subjective belief that he would be subject to criminal penalties for refusing a warrantless blood draw could not render his consent involuntary. Order of the trial court reversed, case remanded.

  • Straw v. Fair

    Publication Date: 2018-05-15
    Practice Area: Damages | Motor Vehicle Torts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0550

    Trial court erred in granting judgment on cross-claim where defendants raised genuine issue of additional defendants breach of duties to plaintiffs. Judgment vacated, case remanded.

  • Commonwealth v. Calabrese

    Publication Date: 2018-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0474

    An arresting officers testimony that he thought defendants driving was dangerous and there could have been an accident was sufficient to establish probable cause to stop defendant for driving too closely in violation of 75 Pa.C.S. §3310(a), since an officers observations, standing alone, are legally sufficient to stop a vehicle for violating §3310(a). The appellate court affirmed defendants convictions.

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  • Commonwealth v. Montgomery

    Publication Date: 2018-03-27
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0323

    PCRA court had subject matter jurisdiction to hear a subsequent PCRA petition so long as a prior PCRA petition was not pending on appeal or subject to further appellate review. Order of the PCRA court affirmed.

  • Assouline v. Reynolds

    Publication Date: 2018-03-27
    Practice Area: Civil Procedure | Landlord Tenant Law
    Industry: Real Estate
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0318

    The trial court properly determined that under 42 Pa.C.S. §1515(a)(2), a magisterial district judge had subject matter jurisdiction over an eviction action involving former property owners who remained on land purchased by another at a sheriffs sale, even in the absence of a landlord/tenant agreement. The appellate court affirmed a trial court order denying appellants relief.

  • Commonwealth v. Fennell

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0288

    Newly-discovered facts exception unavailable to excuse facially untimely PCRA petition where defendant was not diligent in attempting to obtain trial records that led to discovery of facts underlying petition.

  • Commonwealth v. Foust

    Publication Date: 2018-03-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0251

    Although a term-of-years sentence long enough to constitute a de facto sentence of life without parole was unconstitutional as imposed upon a juvenile offender, courts were to look to the individual sentences rather than the aggregate sentence in determining constitutionality.

  • V.C. v L.P.

    Publication Date: 2018-02-20
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0176

    Trial court erred in holding grandmother in contempt for failing to abide by its custody order because the trial court lacked subject matter jurisdiction over the case, where the New York court that issued the original custody decree asserted exclusive, continuing jurisdiction over the matter and trial court thus lacked the authority to find grandmother in contempt. Reversed.