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Publication Date: 2024-08-23 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Murray Attorneys:For plaintiff: for defendant: Case Number: 2591 EDA 2021
Evidence was sufficient to support a finding of malice in DUI vehicular homicide case where record showed defendant had ample opportunity to recognize severe intoxication, making his decision to continue driving sufficiently reckless to constitute malice. Judgment of sentence affirmed.
Insurer was obligated to provide defense in underlying action that initially alleged the existence of a franchise agreement, pursuant to insurance policy's franchisor endorsement, but insurer had no indemnification obligation where underlying action ultimately established a lack of a franchise relationship. Order of the trial court affirmed in part and reversed and remanded in part.
Personal injury plaintiffs appealed the court's order granting appellee property owner's motion to dismiss on the basis of forum non conveniens. The court concluded that its order should be affirmed where the accident at issue occurred in a business located in Delaware, appellee had merely minimal connections with Pennsylvania, and Delaware was a viable alternative forum for appellants' suit.
The court affirmed the order of the Court of Common Pleas of Beaver County granting the application of Lowell Lundy to liquidate and dissolve the Mt. Vernon Tenants Association, Inc. and appoint a liquidating receiver for the association under § 5981 of the Nonprofit Corporation Law of 1988, 15 Pa. C.S. § 5981.
In this § 1925(a) opinion, the court requested that its opinion, finding that liability for the intentional torts of assault and battery by a police officer may be imposed despite a willful misconduct finding under the Tort Claims Act, be affirmed and that the remaining claims which were not preserved for appellate review did not warrant relief.
Publication Date: 2024-08-23 Practice Area:Health Care Law Industry: Court:Superior Court Judge:Judge Sullivan Attorneys:For plaintiff: for defendant: Case Number: 28 WDA 2023
Court overturned continued involuntary commitment for mental health treatment where there was no supporting evidence supporting a finding that individual posed a risk of causing herself severe or fatal injury due to her mental health issues. Order of the trial court reversed.
Plaintiff sued defendant former employer for wrongful discharge, whistleblower protections, and race discrimination. The court granted defendant's motion for summary judgment, holding that plaintiff proffered no basis on which to find race discrimination where she admitted she was terminated solely for violating company policy regarding the processing of outside vendor invoices.
District court correctly denied suppression motion where police developed reasonable suspicion that defendant had or intended to engage in sexual activity with a minor based on the totality of the circumstances of the encounter up to the point officers asked defendant to exit his vehicle. Judgment of sentence affirmed.
Appellant appealed the district court's order granting appellees' motion to dismiss. The court affirmed, holding that the district court properly dismissed the case where appellant had no enforceable property interest in having a county agency protect her son from fatal child abuse by the child's father and stepmother.