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Publication Date: 2024-01-29
Practice Area: Personal Injury
Industry: Retail | State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 519 C.D. 2022
Trial court erred in administratively dismissing an action for failure to prosecute because one of the defendants in the case had filed a voluntary bankruptcy proceeding and the bankruptcy stay had to be construed to apply to dismissals. Vacated.
Publication Date: 2024-01-29
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Jubelirer
Attorneys: For plaintiff:
for defendant:
Case Number: 49 C.D. 2022
Common pleas erred in finding the real estate exception did not apply and sovereign immunity barred appellant inmate's action for his slip and fall because, in alleging defendants failed to maintain the slip-resistant surface on which he slipped, inmate adequately alleged injury caused by a dangerous condition of Commonwealth real estate but his negligence claims unconnected to negligent maintenance were barred. Reversed in part and affirmed in part.
Publication Date: 2024-01-15
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Lazarus
Attorneys: For plaintiff:
for defendant:
Case Number: 703 WDA 2022
Trial court erred in giving defendant's requested sudden emergency doctrine instruction and in denying plaintiff's requested driver's duty of care instruction in case where defendant driver struck pedestrians because the evidence did not support a determination that defendant was "confronted with a sudden and unforeseeable occurrence." Reversed.
Publication Date: 2024-01-08
Practice Area: Personal Injury
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Perez
Attorneys: For plaintiff:
for defendant:
Case Number: 23-4
Pet supply store owner may have had actual or constructive notice of a puddle of pet urine where store staff admitted that pets urinated in the store frequently enough to create a recurring hazard. Defendant's motion for summary judgment denied.
Publication Date: 2024-01-08
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 1275 C.D. 2022
Trial court erred in denying inmate's in forma pauperis petition and holding his claims were frivolous because inmate's complaint was timely, he did not have to comply with the statutory notice provision in 42 Pa. C.S. §5522(a)(1) and factual development was needed to determine if correction officers' alleged actions were within the scope of their employment so as to entitle them to sovereign immunity. Reversed.
Law Journal Press | Digital Book
Authors: Shari L. Klevens, Alanna G. Clair
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Publication Date: 2024-01-08
Practice Area: Personal Injury
Industry: State and Local Government | Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Crumlish
Attorneys: For plaintiff:
for defendant:
Case Number: 200401372
The court, in a §1925(a) opinion, urged affirmance of its order denying Southeast Pennsylvania Transportation Authority's motion for post-trial relief following a jury verdict in favor of a SEPTA passenger who suffered a tear in his bicep muscle when the bus he was riding on as a standing passenger exhibited extraordinary movement that was not covered by the "jerk and jolt" defense urged by SEPTA.
Publication Date: 2024-01-08
Practice Area: Personal Injury
Industry: Construction
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Anders
Attorneys: For plaintiff:
for defendant:
Case Number: 2429 EDA 2023
Personal injury plaintiff appealed the court's order sustaining a defendant's preliminary objections with prejudice as to venue in Philadelphia County and dismissing the action without prejudice to re-file in a proper venue. The court concluded its order should be affirmed.
Publication Date: 2024-01-01
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge Covey
Attorneys: For plaintiff:
for defendant:
Case Number: 981 C.D. 2022
Trial court erred in dismissing state correctional inmate's slip and fall complaint against the Commonwealth where inmate alleged that DOC's negligent maintenance of his housing unit's roof caused water infiltration that made the floor slippery and caused him to fall, putting the case within the statutory waiver of sovereign immunity. Order of the trial court vacated and remanded.
Publication Date: 2024-01-01
Practice Area: Personal Injury
Industry: State and Local Government | Transportation
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Younge
Attorneys: For plaintiff:
for defendant:
Case Number: 1340
The trial court submitted an opinion in support of its order entering a compulsory nonsuit in favor of appellee Southeastern Pennsylvania Transit Authority because appellants failed to introduce sufficient evidence in their case to meet their burden of proof.
Publication Date: 2024-01-01
Practice Area: Personal Injury
Industry: E-Commerce | Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 23-3990-KSM
Court granted plaintiff's request to proceed under pseudonym in sexual assault lawsuit given the strong public interest avoiding revictimization, stigmatization, and harassment of sexual assault victims and encouraging them to vindicate their rights in court. Plaintiff's motion to proceed under pseudonym granted.
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