• Massaro v. McDonald's Corp.

    Publication Date: 2022-08-15
    Practice Area: Premises Liability
    Industry: Food and Beverage
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0915

    Trial court erred in sustaining defendant's preliminary objections to plaintiff's action asserting negligence/gross negligence and premises liability for defendant's employees' refusal to intervene or call police when man in restaurant subjected plaintiff to a racist, threatening tirade and misconstrued the nature of plaintiff's legal claims and court found there was no doubt that premises owner running a restaurant open to the public owed a duty of care to business invitees. Vacated.

  • Coen v. United States

    Publication Date: 2022-05-23
    Practice Area: Premises Liability
    Industry: Defense
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0569

    Independent contractor exception to Federal Tort Claims Act did not apply where hazardous materials were placed by government employees, even where those employees may have been under the supervision of an independent contractor. Defendant's motion to dismiss denied in part and granted in part.

  • Glidewell v. Giant Food Stores, Inc.

    Publication Date: 2022-04-11
    Practice Area: Premises Liability
    Industry: Retail
    Court: Courts of Common Pleas, Columbia County
    Judge: Judge Norton
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0293

    There was no genuine issue of material fact to demonstrate that defendant supermarket's actions or inactions were a substantial factor in bringing about the injuries plaintiff allegedly suffered when another patron hit plaintiff with a shopping cart. The court granted defendant's motion for summary judgment.

  • McCullon v. Byers

    Publication Date: 2022-03-14
    Practice Area: Premises Liability
    Industry: Insurance | Real Estate
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0204

    The court held that plaintiff failed to allege sufficient facts to proceed on a claim of promissory estoppel against the individual defendant for alleged promises made by the agent of defendant's insurance company because defendant was not the promisor. Defendant's motion for judgment on the pleadings granted.

  • De Iza-Cuenca v. 555 Union Blvd., L.P.

    Publication Date: 2022-03-07
    Practice Area: Premises Liability
    Industry: Education | Food and Beverage
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Pavlack
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0152

    The court held that defendant school did not owe a duty to its independent contractor's employee for any potential danger that existed when the employee exited a walk-in refrigerator placed in a part of the building that was not leased by defendant. Defendant's motion for summary judgment granted.

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  • Hill v. Dolgencorp, LLC

    Publication Date: 2022-02-07
    Practice Area: Premises Liability
    Industry: Retail
    Court: Courts of Common Pleas, Adams County
    Judge: Judge George
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0023

    The court held that the evidence showed that plaintiff's trip and fall was unrelated to a floor mat that had been placed across the threshold of the interior doorway at the defendant's store entrance and that the trip was the result of plaintiff sliding her sandal under the mat. Defendant's motion for summary judgment granted.

  • Bowers v. Hillcrest Home Estates LLC

    Publication Date: 2022-02-07
    Practice Area: Premises Liability
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Fayette County
    Judge: Judge Leskinen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0024

    The court held that plaintiff failed to show negligence on the part of defendants and categorized plaintiff's actions of poking holes in roof to find weak spots an assumption of risk. Motion for summary judgment granted.

  • Darrow v. PPL Elec. Util. Corp.

    Publication Date: 2022-01-03
    Practice Area: Premises Liability
    Industry: Energy | Legal Services
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1520

    Attorney's conflict of interest from prior representation of defendant imputed to entire firm where the firm had failed to implement a formal, written conflict screening protocol prior to the attorney's arrival to the firm, allowing the attorney to perform substantial work in a case against defendant. Order of the trial court reversed, case remanded.

  • Brooks v. Ewing Cole, Inc.

    Publication Date: 2021-10-18
    Practice Area: Premises Liability
    Industry: Real Estate | State and Local Government
    Court: Supreme Court
    Judge: Justice Mundy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1201

    Claim of sovereign immunity was immediately appealable under the collateral order doctrine as sovereign immunity was a protection from suit, not just liability for damages, and therefore would be irreparably lost if public entity were forced to litigate all the way to final judgment to seek appellate review on its immunity claim. Order of the commonwealth court reversed and remanded.

  • Doe v. Allegheny Coll.

    Publication Date: 2021-10-18
    Practice Area: Premises Liability
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Baxter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1198

    College student sufficiently pled school's negligence as a direct and proximate cause of student's sexual assault where school was alleged to have actual or constructive knowledge of broken or malfunctioning security systems in its residence halls and the frequent recent sexual assaults on campus. Defendant's motion to dismiss denied.