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The Legal Intelligencer

In re Estate of O'Connor Jr., PICS Case No. 16-0755 (Pa. Commw. June 8, 2016) Brobson, J. (12 pages).

Children's intestate share in an estate's wrongful death/survival claim was not a future interest, since it was ascertainable and certain with only the exact value uncertain. Order of the orphans' court affirmed.
5 minute read

The Legal Intelligencer

Karden Constr. Serv., Inc. v. D'Amico, PICS Case No. 16-0758 (Pa. Super. May 25, 2016) (memorandum) Stabile, J. (11 pages).

Trial court correctly found that there was no agreement between construction company and homeowner for the provision of professional services to assist with litigation and construction management, but trial court erred in holding that homeowner was not unjustly enriched by the provision of construction management services. Affirmed in part, reversed in part and remanded.
5 minute read

The Legal Intelligencer

Deep Meadows Civic Ass'n v. Trusello, PICS Case No. 16-0752 (Pa. Commw. June 3, 2016) Covey, J. (15 pages).

A homeowner's property was not subject to a homeowners' association where the bylaws of the association were not publicly recorded and there was no reference in the owner's chain of title that the property would be subject to a HOA. Order of the trial court affirmed.
6 minute read

The Legal Intelligencer

Penn-Am. Ins. Co. v. Tomei, PICS Case No. 16-0689 (Pa. Super. May 24, 2016) (memorandum) Ford Elliott, J. (17 pages).

Insurer had no duty to defend and insure insured facing claims of negligence for failure to prevent/discover a noninsured third party's invasion of privacy on insured's premises. Summary judgment affirmed.
6 minute read

The Legal Intelligencer

Natures Way Springs L.P., v. C. Panel Holding, LLC, PICS Case No. 16-0761 (Pa. Super. May 25, 2016) (memorandum) Dubow, J. (30 pages).

Trial court properly ruled against appellant in its declaratory action seeking to force appellees to share the costs of road repair based on an alleged "restrictive covenant" because the "restrictive covenant" in question was actually an easement. Affirmed.
7 minute read

The Legal Intelligencer

Sobat v. Borough of Midland, PICS Case No. 16-0754 (Pa. Commw. June 9, 2016) McCullough, J. (18 pages).

Appellant's claim was not subject to the utility service facilities exception to governmental immunity where appellant's damages stemmed from the municipality's negligent representations. Order of the trial court affirmed.
6 minute read

The Legal Intelligencer

Balentine v. Chester Water Auth., PICS Case No. 16-0746 (Pa. Commw. June 3, 2016) Covey, J. (15 pages).

The involuntary movement of a fully parked vehicle caused by the actions of a third party did not constitute "operation" of the vehicle sufficient to satisfy the motor vehicle exception to governmental immunity under the Tort Claims Act. Summary judgment affirmed.
6 minute read

The Legal Intelligencer

Mayes v. Shope, PICS Case No. 16-0760 (Pa. Super. May 24, 2016) (memorandum) Panella, J. (18 pages).

Trial court properly refused to grant a new trial in medical malpractice case after defense witnesses improperly implicated nonparty medical professionals as the cause of appellant's injuries. Affirmed.
7 minute read

The Legal Intelligencer

Ward v. Potteiger, PICS Case No. 16-0763 (Pa. Commw. June 9, 2016) Covey, J. (15 pages).

Trial court properly dismissed appellant's sixth amended complaint with prejudice, because the vehicle liability exception to sovereign immunity did not apply where appellees, employees and officers of the county Office of Adult Probation and Parole (OAPP) allowed driver, who was on probation and who met with his parole officer and admitted he had injected heroin, to drive away from the office and hit appellant, because appellees did not operate the vehicle as a matter of law and the exception did not apply. Affirmed.
5 minute read

The Legal Intelligencer

Lil Shining Stars, Inc. v. Dep't of Human Serv., PICS Case No. 16-0759 (Pa. Commw. June 8, 2016) McCullough J. (25 pages).

Department of Human Services properly revoked petitioner's certificate of compliance to operate a child care center, because petitioner's Fourth Amendment argument as to the reasonableness of department's unannounced inspection visits failed. Affirmed.
6 minute read

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