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  • Erie Ins. Exch. v. Moore

    Publication Date: 2017-12-19
    Practice Area: Insurance Litigation | Personal Injury
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1827

    Trial court erred in ruling insurer had no duty to defend or indemnify pursuant to expected or intended exclusion in policy, where underlying personal injury suit reasonably pled that injury arose from accidental discharge of firearm. Summary judgment vacated, case remanded.

  • Shiflett v. Lehigh Valley Health Network, Inc.

    Publication Date: 2017-12-05
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1775

    Trial court erred in allowing plaintiffs to file a second amended complaint alleging negligence in plaintiffs treatment in hospitals transitional skills unit as well as the original negligence involved in her fall from her hospital bed because the claims regarding the TSU were time barred. Vacated and remanded.

  • In Re Jackson Charitable Trust

    Publication Date: 2017-11-21
    Practice Area: Trusts and Estates
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1710

    Orphans court correctly required that trust distribute five percent of its assets in 2016, in action brought by corporate trustee asserting a deadlock between it and the individual trustees, but erred in adopting the corporate trustees list of donees. Affirmed in part, reversed in part and remanded.

  • Commonwealth v. McClure

    Publication Date: 2017-11-14
    Practice Area: Discovery | Judges
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1023

    The trial court did not err in denying a retired judges motion to quash a subpoena seeking his testimony and records regarding alleged ex parte communications with prosecuting attorneys during defendants trial since the judicial deliberative process privilege did not extend to alleged ex parte communications which may have tainted defendants trial. The court affirmed in part, reversed in part and remanded.

  • C.G. v. J.H.

    Publication Date: 2017-10-31
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1569

    Defendant lacked standing to bring this custody matter against plaintiff, her former same-sex life partner and the biological mother of a minor child, where plaintiff never adopted the child and the evidence demonstrated that plaintiff never stood in loco parentis to the child. The court affirmed an order sustaining defendants preliminary objections.

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  • Kovacevich v. Regional Produce Coop. Corp.

    Publication Date: 2017-10-31
    Practice Area: Occupational Safety and Health
    Industry: Distribution and Wholesale | Food and Beverage
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1618

    Trial court properly dismissed appellants claims against wholesale market managing company based on a controlling employer argument derived from an OSHA compliance directive after appellant was injured by a pallet jack driven by his own employee because the policy appellant relied on did not determine rights or obligations or cause legal consequences and concerned only the scope of enforcement of OHSA requirements and managing company had assumed no duty regarding safety in the leased areas of the market

  • Banks v. Cooper

    Publication Date: 2017-10-17
    Practice Area: Civil Procedure
    Industry:
    Court: Superior Court
    Judge: Judge Solano
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-1927

    The trial court abused its discretion in denying plaintiffs petition to open a judgment of non-pros without considering lesser sanctions, the potential prejudice to defendants and, inter alia, whether counsels mistake in failing to appear was part of a pattern of misconduct.