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  • Cholewka v. Gelso

    Publication Date: 2018-08-14
    Practice Area: Landlord Tenant Law | Personal Injury
    Industry: Construction
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0942

    One possessor of land owes no duty of care to another possessor of land under premises liability principles; thus, the trial court did not err in finding that the additional defendant, who leased property together with the plaintiffs, owed no duty of care to them. The appellate court affirmed in part.

  • Commonwealth v. Vannucci

    Publication Date: 2018-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0853

    Appeal quashed as untimely where filed 31 days after judgment of sentence imposed. Appeal quashed.

  • In the Interest of T.J.J.M.

    Publication Date: 2018-07-03
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0795

    Trial court abused its discretion in changing child's placement goal to adoption and in involuntarily terminating father's parental rights because the goal change occurred when child had been in placement less than the statutory 15-22 months and omitted any findings as to father's compliance and testimony demonstrated that the causes of father's parental incapacity could be removed. Vacated and remanded.

  • Gardner v. Mia Prods. Co.

    Publication Date: 2018-06-12
    Practice Area: Labor Law
    Industry: Food and Beverage
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0689

    Grant of summary judgment in favor of company dismissing negligence claim as barred under borrowed employee doctrine premature due to outstanding issues of material fact concerning worker control. Summary judgment reversed, case 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.

  • Law Journal Press | Digital Book

    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Commonwealth v. Byrd

    Publication Date: 2018-05-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0564

    The trial court erred in holding that the commonwealth was required to prove defendant's consent to the recording of his jailhouse conversations under the mutual consent exception to the Wiretapping and Electronic Surveillance Control Act since the exception permits interception when a defendant knew or should have known that his conversations were recorded. The appellate court reversed and remanded.

  • Commonwealth v. Thran

    Publication Date: 2018-05-15
    Practice Area: Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0575

    The trial court correctly refused to suppress the evidence in motorcyclists DUI because the phone tip the police received provided ample suspicion of impaired driving and the location where the officer found the motorcycle and its description and that of the driver corroborated the information given in the phone tip. Affirmed.

  • Commonwealth v. Price

    Publication Date: 2018-05-15
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0562

    The trial court erred in finding defendants, identical twins, guilty of 18 Pa.C.S. §3122.1(a)(1) for having sexual intercourse with a person whom they were four years older than since the twins were born 14 hours short of a full four years before the complainant and the rule of lenity applied given the statutes ambiguity. The appellate court vacated defendants judgments of sentence.

  • Commonwealth v. McCarthy

    Publication Date: 2018-02-20
    Practice Area: Civil Procedure | Criminal Law | Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0168

    Commonwealth could introduce evidence of deteriorating condition of elderly victims home to refute defendants denial of criminal intent in spending the assets of the victims estate. Judgment of sentence affirmed.

  • Commonwealth v. Wright

    Publication Date: 2018-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Ott
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 18-0139

    Commonwealth excused from due diligence in bringing defendant to trial under Rule 600 where defendant had notice to appear and willfully failed to appear, and was not otherwise apprehended on the same charges. Order of the trial court reversed, case remanded.