• Essington v. Monroe County Transit Auth.

    Publication Date: 2023-09-18
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1081 C.D. 2022

    Although PennDOT and residential development had no control over safety conditions of local transit authority's bus stop, the trial court erred in granting the authority summary judgment where there were allegations that its driver's use of high beams blinded another driver who struck decedent. Order of the trial court affirmed in part and reversed and remanded in part.

  • Leslie v. Pub. Health Mgmt. Corp.

    Publication Date: 2023-08-14
    Practice Area: Wrongful Death
    Industry:
    Court: Superior Court
    Judge: Presiding Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2267 EDA 2021 Appeal from

    Trial court erred in granting plaintiff's motion to compel discovery in wrongful death and survival action brought by estate of foster parent murdered by foster child against foster family care agency and court found foster parent was not a person entitled to information from the foster care case record under §3130.44(d), ordered disclosure only of child's records as permitted by §6307(b) of the Juvenile Act and excluded any mental health treatment records and remanded trial court's order with respect to certain interrogatories for fu

  • Estate of Patterson v. Rockefeller Group Int. Inc.

    Publication Date: 2023-07-17
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-C-0060

    Defendant transportation authority filed preliminary objections alleging that a wrongful death plaintiff failed to sufficiently plead exceptions to governmental immunity. The court overruled the preliminary objections.

  • Brown v. City of Oil City

    Publication Date: 2023-06-05
    Practice Area: Wrongful Death
    Industry: Construction | State and Local Government
    Court: Supreme Court
    Judge: Justice Todd
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 6 WAP 2022

    Contractor could be held liable for poor workmanship that caused a dangerous or defective condition of property, even though the contractor no longer had possession of the property, the dangerous condition was known to the property owner, and the hazard was open and obvious to third parties. Order of the commonwealth court affirmed.

  • Diaz v. The City of Philadelphia

    Publication Date: 2023-05-15
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Robreno
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-3286

    Municipal liability claim for inmate's death in a prison fight failed where plaintiffs failed to plead sufficient facts to demonstrate that city was aware that inadequate staffing could deprive inmates of their due process rights or that the failure to hire adequate numbers of corrections officers was the result of deliberate indifference. Defendants' motion to dismiss granted.

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Houk v. Brown

    Publication Date: 2023-04-24
    Practice Area: Wrongful Death
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Cox
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10574 OF 2012, C.A.

    Wrongful death defendants sought summary judgment on the ground that plaintiffs' suit was not commenced within the governing two-year statute of limitations. The trial court denied the motion because limitations on plaintiffs' wrongful death claims, which arose from the death of their mother, were tolled under the Minority Tolling Statute.

  • Patterson v. Rockefeller Group Int. Inc.

    Publication Date: 2023-04-10
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Johnson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-C-0060

    Plaintiff's wrongful death claim was not barred by sovereign immunity where plaintiff alleged an artificial condition in the form of an allegedly non-functioning pedestrian crossing sign along a highway allegedly under the control of the Pennsylvania Department of Transportation as the cause of plaintiff's injuries. Trial court denied defendant's preliminary objections as to that claim.

  • Rogers v. Thomas

    Publication Date: 2023-03-20
    Practice Area: Wrongful Death
    Industry:
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1915 MDA 2018

    Decedents' estates appealed the finding decedents were 100 percent comparatively liable for their shooting deaths where shooter was convicted of voluntary manslaughter and court found jury was properly given the issue of comparative negligence, estates failed to establish the causation element, estates did not produce sufficient evidence to show shooter was a feebleminded adult and under father's control and trial court did not err in admitting prior bad acts evidence. Affirmed.

  • Schmidt v. Pennsylvania Dep't of Transp.

    Publication Date: 2023-03-20
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Courts of Common Pleas, Montgomery County
    Judge: Judge Saltz
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2019-12057

    The court denied a motion to dismiss on the grounds that plaintiff appropriately brought a claim against a government entity pursuant to the immunity exceptions outlined in 42 Pa. C.S. §8522(b) that allow claims against the Commonwealth to proceed where dangerous conditions were present on a portion of the Commonwealth's property.

  • Shiek v. Morgan

    Publication Date: 2023-01-09
    Practice Area: Wrongful Death
    Industry:
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 10244 OF 2022, C.A.

    Plaintiffs' allegations that the adult defendants allowed or encouraged underage drinking in their homes were sufficient to establish a legally cognizable claim for negligence as adults owe a duty of care to their minor guests and they breach that duty by serving minors alcoholic beverages of any amount. The court overruled defendants' preliminary objections in part.