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Defendant filed a preliminary objection seeking to compel decedent's daughter to submit her survival act claims to binding arbitration. Preliminary objection sustained.
Defendant sought summary judgment in plaintiff's suit for personal injury. The court granted the motion where plaintiff failed to demonstrate defendant acted negligently in forcefully braking his vehicle to avoid an accident while plaintiff was unrestrained in the back seat.
In this §1925(a) opinion, the court urged the Superior Court to affirm its order overruling defendants' preliminary objections to the second amended complaint that claimed the court should have stricken statements that were "scandalous" and "impertinent" and could only be answered by disclosure of matters covered by the attorney-client privilege.
Board erred in finding employer's expert's testimony was not legally competent because independent medical examination doctor accepted the adjudicated work injuries and opined that claimant was fully recovered from those work injuries. Reversed.
Court vacated trial court's order granting appellees' preliminary objections to appellant's tortious interference counts on the basis of sovereign immunity because courts and all parties agreed the order was an error. Vacated.
Defendants sought summary judgment in plaintiff's action seeking injunctive and compensatory relief regarding defendants' fence. The court granted defendants' motion as to plaintiff's claims sounding in private nuisance where all evidence regarding the physical characteristics of defendants' fence indicated it was lawfully constructed, and plaintiff could not show the requisite "significant harm" on his assertion of private nuisance.
Defendant moved to dismiss plaintiffs' claim for failure to warn of a lien on a property plaintiffs purchased at a sheriff's sale and for sanctions. Motion to dismiss granted, motion for sanctions denied.
Publication Date: 2024-03-29 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stevens Attorneys:For plaintiff: for defendant: Case Number: 525 EDA 2023
Commonwealth appealed an order granting appellee's motion to suppress evidence from a search of appellee's vehicle. The court found that since there was probable cause to arrest appellee and for the officers to obtain a warrant to search his vehicle, the evidence recovered from the vehicle had an independent source. Reversed.
District court correctly applied terrorism sentencing enhancement where defendant's statements and conduct evidenced his intent to carry out a bombing in retaliation for the U.S. and Nigerian governments' actions against members of the ISIS terrorist group. Judgment of sentence affirmed.
Publication Date: 2024-03-29 Practice Area:Family Law Industry: Court:Superior Court Judge:Judge Kunselman Attorneys:For plaintiff: for defendant: Case Number: 22 WDA 2023
Prospective adoptive parent exception to denial of standing to foster parents remained good law despite enactment of revised version of Juvenile Act. Order of the trial court reversed, case remanded.