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  • Gasbarre Prod., Inc. v. Smith

    Publication Date: 2022-02-21
    Practice Area: Contracts
    Industry: Manufacturing
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0188

    Trial court properly found the parties entered into a written contract and did not err in relying on parol evidence to ascertain that parties intended the buyout outline to be a complete embodiment of their agreement. Affirmed.

  • Dinardo v. Kohler

    Publication Date: 2022-02-14
    Practice Area: Criminal Law
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0156

    Trial court properly dismissed mother's complaint for indemnification and gross negligence against medical defendants who treated her son before he killed four men but erred in not dismissing her claims for compensatory damages because the "no felony conviction recovery rule" applied since all of the asserted damages flowed from son's criminal conduct for which he had been convicted and the rule barred recovery. Affirmed in part and reversed in part.

  • Commonwealth v. Banko

    Publication Date: 2022-01-31
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0105

    Blood alcohol content testing conducted in a hospital solely for the purposes of rendering medical treatment to defendant was non-testimonial in nature and therefore presenting those testing results through a witness other than the technician who performed the testing did not violate Confrontation Clause protections. Judgment of conviction affirmed.

  • Slomowitz v. Kessler

    Publication Date: 2021-12-13
    Practice Area: Contractual Disputes
    Industry: Hospitality and Lodging | Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1435

    Appellant general partner challenged trial court's finding appellee general partner had authority to act on behalf of the partnerships after third general partner died and court found trial court erred in finding that appellee did not breach his fiduciary duties and remand was required. Affirmed in part, reversed in part and remanded.

  • Munoz v. The Children's Hosp. of Philadelphia

    Publication Date: 2021-11-15
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1319

    Trial court erred in granting a nonsuit to defendant hospital in action over child's death because trial court erred in finding that defendant did not undertake to render a service to child where parents presented expert testimony that suggested defendant's actions, or lack thereof, increased the risk of harm to child. Reversed and remanded.

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  • Cuth v. Cuth

    Publication Date: 2021-10-25
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-1235

    Trial court did not err in making spouse originally awarded survivor's benefit from ex-spouse's pension responsible for life insurance premiums to secure a policy that would replace the benefit when the pension fund determined it could not pay the benefit following a divorce, as there was a chance the spouse receiving the benefit could end up with a double payment if the benefit were ultimately granted. Decree affirmed.

  • Commonwealth v. Sanders

    Publication Date: 2021-08-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0989

    Where public transit bus driver's operation of their vehicle merely constituted careless driving, the evidence was insufficient to convict for homicide by vehicle as there had been no conscious disregard for a substantial risk of injury or death. Conviction reversed in part and affirmed in part, case remanded for resentencing.

  • HTR Rest., Inc. v. Erie Ins. Exch.

    Publication Date: 2021-08-30
    Practice Area: Civil Procedure
    Industry: Food and Beverage | Insurance
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0985

    Insurer appealed court of common pleas' order granting coordination of actions seeking coverage for business interruption losses due to COVID-19 under Pa.R.C.P. 213.1 and court reversed the coordination order to the extent it directed coordination of actions that were not filed on the date of appellees' motion for coordination and remanded for trial court to consider the objections to coordination. Reversed in part, vacated in part.

  • Carlino E. Brandywine, L.P. v. Brandywine Vill. Assoc.

    Publication Date: 2021-08-16
    Practice Area: Discovery
    Industry: Legal Services | Real Estate
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0937

    Where defendants raised the affirmative defenses of reliance on advice of counsel and counsel's good faith reliance on applicable law, they opened the door to waiver of the attorney-client and work product privileges; however, the trial court erred in finding a blanket privilege waiver and in assuming waiver of attorney-client privilege would also waive attorney work product protection. The superior court vacated and remanded.

  • Commonwealth v. Prater

    Publication Date: 2021-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0851

    PCRA court did not err in denying motion to run new sentence concurrent to other sentences where trial court had cited defendant's escalating behavior against the victim and defendant's defiant refusal to express remorse had supported the initial imposition of consecutive sentences in the exercise of the sentencing court's discretion. Order of the PCRA court affirmed.