• 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.

  • 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.

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  • 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.

  • Coon v. County of Lebanon

    Publication Date: 2023-01-02
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Wilson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1:22-CV-00322

    Federal due process claims arising from alleged negligence of child protective services dismissed where due process clause did not create affirmative right to governmental aid or impose liability for injuries that could have been prevented by such aid. Defendants' motion to dismiss granted in part and denied in part, case remanded.

  • Grady v. Rothwell

    Publication Date: 2022-11-28
    Practice Area: Wrongful Death
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 4:22-CV-00428

    Court lacked personal jurisdiction as there was no evidence or allegation that corporation was "at home" in the state, and the underlying motor vehicle accident occurred in another state. Defendants' motion to dismiss granted, proposed intervenor's motions to intervene and dismiss denied as moot.

  • Piazza v. Young

    Publication Date: 2022-10-31
    Practice Area: Wrongful Death
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 4:19-CV-00180

    Defendants sought an additional protective order in wrongful death action over death of a student at a fraternity party and court found concerns associated with the ongoing criminal cases against two defendants in this case outweighed the public interest supporting disclosure of deposition transcript, exhibits and recordings. Motion granted.

  • Vigone v. Kortz

    Publication Date: 2022-10-24
    Practice Area: Wrongful Death
    Industry:
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: GD 22-2730 772 WDA 2022

    Court issued an opinion supporting its order which denied defendant's motion for stay of proceedings as well as for relief from judgment by default. Although defendant argued the court failed to properly apply the balancing test under Keesee v. Dougherty, the court ultimately went through each of the factors, finding that they weighed in favor of denying the motion and that the court committed no error. 230 A. 3d 1128 (Pa. Super 2020).