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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.
District court erred in finding a "ruse exception" to the Speedy Trial Act in case where defendant was arrested on state charges, then indicted on federal charges and the state charges were withdrawn because the STA contained no implied ruse exception. Reversed.
Defendant employer sought summary judgment in plaintiff employee's action for retaliation, disparate treatment, and hostile work environment. The court denied the motion where defendant failed to establish the absence of a genuine issue of material fact in light of plaintiff's evidence of repeated and pervasive discriminatory conduct by plaintiff's supervisors and coworkers.
Trial court erred in upholding license suspension under implied consent law where a separate, explicit request to submit to chemical testing was required after reading implied consent warnings and there was inadequate evidence to find that a separate request was made. Order of the trial court reversed.
Publication Date: 2024-08-23 Practice Area:Evidence Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 787 WDA 2023
The trial court did not abuse its discretion in admitting text messages and emails that were sufficiently authenticated by appellee's testimony. Appellant's judgment of sentence affirmed.
Publication Date: 2024-08-23 Practice Area:Personal Injury Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 837 EDA 2022
Trial court erred in applying Child Protective Services Law to reject wife's invocation of spousal privilege to resist deposition on her conversations with her late husband regarding child sexual abuse allegations against him, where alleged victim failed to overcome presumption in favor of confidentiality of spousal communications. Order of the trial court reversed.