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Publication Date: 2022-12-19
Practice Area: Personal Injury
Industry: Manufacturing
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Shreeves-Johns
Attorneys: For plaintiff:
for defendant:
Case Number: 02048
Court affirmed a decision granting a motion to transfer venue under Pa.R.C.P. 1006(d)(1) on the grounds that the former venue was oppressive to several of the witnesses who did not reside within the county and would have to travel several hours for depositions, trials, etc. The court further rejected appellant's arguments that the court did not allow the parties to engage in enough discovery related to the issue of venue selection finding that appellants were allowed to submit several affidavits to the court regarding venue selection.
Publication Date: 2022-12-12
Practice Area: Personal Injury
Industry: Entertainment and Leisure
Court: Superior Court
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 1862 EDA 2019
Plaintiff appealed the grant of summary judgment to defendant in her personal injury action and court found plaintiff sufficiently pled the state of mind of recklessness to defeat defendant's motion for judgment on the pleadings and evidence of record created genuine issues of material fact precluding summary judgment. Reversed.
Publication Date: 2022-12-12
Practice Area: Personal Injury
Industry: State and Local Government
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Younge
Attorneys: For plaintiff:
for defendant:
Case Number: 00514
Plaintiff could not sustain her personal injury action against defendant, a commonwealth agency, where she failed to meet her burden on causation and failed to demonstrate that defendant negligently maintained the highway where she fell off her bicycle by allowing a pothole or dangerous condition to exist. The trial court recommended affirmance.
Publication Date: 2022-12-12
Practice Area: Personal Injury
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Padova
Attorneys: For plaintiff:
for defendant:
Case Number: 22-694
Injured plaintiff could pursue individual liability against LLC members after the LLC was dissolved following notice of plaintiff's claim, and where plaintiff alleged that members failed to respect the corporate form and treated the LLC as a mere shell to avoid liability. Defendants' motion to dismiss denied.
Publication Date: 2022-12-05
Practice Area: Personal Injury
Industry: Manufacturing
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Kelly
Attorneys: For plaintiff:
for defendant:
Case Number: 22-684
Third-party defendant glass company moved to dismiss defendant's contractual indemnification and defense claim in plaintiff's personal injury action and court found defendant's and third party defendant's agreement to arbitrate did not establish that venue was improper and defendant's third-party contractual indemnity claim against glass company involved a common nucleus of operative fact with plaintiff's underlying claims. Motion denied.
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Publication Date: 2022-12-05
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Hill
Attorneys: For plaintiff:
for defendant:
Case Number: 06965
Court denied plaintiff's cross-appeal for delay damages on the basis that plaintiff failed to produce any evidence of how they arrived at their delay damages calculation. The court further noted that plaintiff failed to identify any delays which were attributable to defendant's conduct but instead found that the lengthy delay in the pre-trial history of the case was partially plaintiff's fault because plaintiff had failed to adhere to several discovery timelines.
Publication Date: 2022-11-21
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Shreeves-Johns
Attorneys: For plaintiff:
for defendant:
Case Number: 00794
The court affirmed the trial court's order granting a motion to dismiss and denying a motion for leave to file an amended complaint. The court focused on the fact that although appellant knew they had named the wrong party in the complaint's caption, they did not seek to cure this defect until after the applicable statute of limitations had passed. Accordingly, the court noted that the trial court did not err or abuse their discretion.
Publication Date: 2022-11-14
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Stabile
Attorneys: For plaintiff:
for defendant:
Case Number: 2115 EDA 2021
Sheriff's return of service indicating the non-existence of an address was conclusive on its face to render a petition to strike or open default judgment meritorious as it was apparent that defendant was not afforded notice of the proceedings. Order of the trial court reversed, case remanded.
Publication Date: 2022-11-14
Practice Area: Personal Injury
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 21-2657
Plaintiff could pursue premises liability claims where there was triable issue regarding whether store had sufficient protection for plaintiff after she credibly accused another customer of shoplifting. Defendant's motion for summary judgment denied in part and granted in part.
Publication Date: 2022-11-07
Practice Area: Personal Injury
Industry: Food and Beverage | Retail
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 2219 EDA 2020
Trial court properly denied defendants' motion to transfer venue on the basis of forum non conveniens because, while defendant showed inconvenience, there was no showing of oppressiveness and trial court's decision did not rise to the level of overriding or misapplying the law and was not manifestly unreasonable. Affirmed.
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