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  • Garcia v. S&F Logistics

    Publication Date: 2022-11-07
    Practice Area: Personal Injury
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Gallagher
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:21-cv-04062-JMG

    Court granted discovery sanctions in the form of default judgment of liability against defendants who had repeatedly failed to respond to discovery requests or appear for deposition and had ceased contact with the court or their own counsel, leaving default judgment the most effective remedy for the prejudice suffered by plaintiff. Plaintiff's motion for sanctions granted.

  • Waters v. Express Container Serv. of Pittsburgh

    Publication Date: 2022-11-07
    Practice Area: Personal Injury
    Industry: Cargo and Shipping | Transportation
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 94 WDA 2022

    Defendant Miller Transporters appealed the denial of its motion for arbitration in plaintiff truck driver's action for injuries he suffered while inspecting a tanker-trailer he was to transport for Miller under an equipment lease and transportation agreement and court found inclusion of claims that arose out of "operations pursuant to this Agreement" in the agreement showed a clear intent to encompass all claims arising out of plaintiff's work under the agreement. Reversed and remanded.

  • Kovalev v. Walmart Inc.

    Publication Date: 2022-10-31
    Practice Area: Personal Injury
    Industry: Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Alejandro
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1217

    Defendant store moved to dismiss plaintiff's action asserting negligence and violations of Pennsylvania's Unfair Trade Practices and Consumer Protection Law and claims for assault and battery, reckless endangerment, civil conspiracy and negligent infliction of emotional distress based on another customer allegedly hitting him with a shopping cart and court dismissed all claims except for negligence. Motion granted in part and dismissed in part.

  • Harris v. Sullivan

    Publication Date: 2022-10-17
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1183 CIVIL 2022

    The court overruled plaintiff's objections to defendant's preliminary objections in a matter arising out of allegedly defamatory statements between strangers in line at a store. The court noted that plaintiff failed to plead all of the required elements of a defamation claim, finding specifically that no one at the store knew his name and therefore did not know whom the defamatory statements were referring to. The court further found that plaintiff failed to plead special damages pursuant to Pa. R.C.P. 1019(f).

  • Nunez v. Johnson & Johnson Consumer, Inc.

    Publication Date: 2022-09-26
    Practice Area: Personal Injury
    Industry: Cargo and Shipping | Distribution and Wholesale
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 1093 CIVIL 2022

    Defendants could not be held liable for injuries plaintiff allegedly suffered in a slip and fall accident during an ongoing weather event as icy rain conditions were occurring generally throughout the area and not all of the icy conditions could reasonably be addressed. The court granted defendants' motion for summary judgment.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Pukanecz v. Target Corp.

    Publication Date: 2022-09-26
    Practice Area: Personal Injury
    Industry: Real Estate | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 5:22-cv-00327

    Defendant store and realty company owner of shopping center moved for summary judgment in plaintiff's action for his fall on ice in shopping center parking lot and court found store had no duty to maintain the parking lot but issues of material fact existed as to realty company's direct involvement with the property. Motion granted, motion denied.

  • Texiera v. Commonwealth Dep't of Transp.

    Publication Date: 2022-09-19
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 997 C.D. 2021

    Trial court erred in finding Department of Transportation had sovereign immunity in appellant's negligence action over his motorcycle accident caused by a pothole where trial court erred in granting summary judgment because motorist complaints to DOT about road conditions were not in writing and there were material issues of fact as to whether the customer service records were sufficiently specific to provide notice and whether the potholes were patched prior to the accident. Reversed.

  • Donahue v. Borough of Collingdale

    Publication Date: 2022-09-12
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Baylson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-1038

    While plaintiffs had a heavy burden of proving their claims against police officers who engaged in a high-speed chase that resulted in a fatal collision, their allegations were sufficient to allege a cause of action under a state-created danger theory. The district court denied defendants' motion to dismiss.

  • Dragone v. Pew

    Publication Date: 2022-09-05
    Practice Area: Personal Injury
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pappert
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0997

    Claim of gross negligence were adequately pled by alleging that driver operated overloaded truck at excessive speed on busy road and failed to brake in time despite observing brake lights ahead. Defendants' motion to dismiss denied, motion to strike granted in part.

  • Owens v. Huffman

    Publication Date: 2022-08-29
    Practice Area: Personal Injury
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Lawrence County
    Judge: Judge Motto
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0876

    The defendant township was not a joint tortfeasor with its co-defendants in this suit due to its standing as a governmental agency and concomitant immunity; therefore, the co-defendants could not recover on and thus pursue claims of indemnity or contribution from the township. The court sustained the defendant township's preliminary objections.