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Premises liability defendants filed preliminary objections, arguing plaintiff failed to make diligent efforts to serve his complaint, which was insufficiently specific for failing to plead separate claims against each defendant. The court denied defendants' preliminary objections, holding that plaintiff properly relied on a sheriff's affidavit of good service, and plaintiff was not required to plead separate counts where he alleged defendants were jointly liable for negligence on identical facts.
Publication Date: 2024-06-07 Practice Area:Real Estate Industry: Court:Superior Court Judge:Judge Bowes Attorneys:For plaintiff: for defendant: Case Number: 712 WDA 2023
The court vacated the lower court's judgment entered in this quiet title dispute over lot boundaries and modified and remanded with instructions for the trial court to determine how much of the disputed area of the property at issue the plaintiffs possess and then reconsider their quiet title claim.
Publication Date: 2024-06-07 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Dubow Attorneys:For plaintiff: for defendant: Case Number: 1236 EDA 2023
A constable could conduct a custodial interrogation of a criminal defendant while transporting and guarding that defendant and thus was required to provide Miranda warnings before asking the defendant questions likely to elicit incriminating responses. Order of the trial court affirmed.
Court reversed order requiring production of railroad operating agreements where such agreements might not have been responsive to the Right-to-Know Law request and where trial court's apparent failure to review the agreements meant its decision was not supported by sufficient record evidence. Order of the trial court vacated and remanded.
Half a minute of silence after being read implied consent warnings, in the context of a prior refusal of chemical testing and other belligerent conduct, was sufficient to constitute a refusal to submit to a chemical test. Order of the trial court reversed.
The court affirmed the summary judgment of the district court for appellee on the breach of contract claim brought by appellants who were not paid while on short-term military leave but reversed summary judgment on claims under the Uniformed Services Employment and Reemployment Rights Act and remanded for trial to resolve disputed material facts.
Publication Date: 2024-06-07 Practice Area:Criminal Law Industry: Court:Superior Court Judge:Judge Stabile Attorneys:For plaintiff: for defendant: Case Number: 854 MDA 2022
Appellant appealed the trial court's judgment of sentence entered on his convictions for sexual offenses against his daughters. The court affirmed, holding that the trial court harmlessly erred by admitting, under the "tender years" hearsay exception, portions of one daughter's recorded statement about what her sister had told her about appellant's actions.
Petitioner appealed the dismissal of some of his claims without prejudice in his suit alleging Knipper Health failed to hire him for discriminatory reasons.