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The Legal Intelligencer

Salas v. Wal-Mart Stores, East, Inc., PICS Case No. 15-0304 (C.P. Berks Jan. 29, 2015) Sprecher, J. (5 pages).

By | March 03, 2015
Plaintiff's service of the complaint on a property loss employee in the store where he slipped and fell was improper as she was not authorized to accept service nor was she employed by the named defendant, as it did not actually own the store. Dismissal should be affirmed.
4 minute read

The Legal Intelligencer

Missing Housekeeping Record Creates Issue of Fact

The absence of some monitoring records and potential for spoliation of evidence by defendants should have precluded summary judgment in a slip-and-fall case against the Lehigh Valley Mall, the Superior Court has ruled.
4 minute read

New York Law Journal

Winter Premises Liability: Describing the Color of Ice

Montgomery L. Effinger writes: Despite the sinister sound of accusations that hidden "black" or "transparent" ice conditions existed on a defendant's premises, use of such words to describe the presence of invisible ice may undermine a plaintiff's ability to establish either constructive or actual notice by limiting the potential for demonstrating a defendant's awareness of a hazardous condition.
10 minute read

The Recorder

Hemphill v. Wright Family, LLC

By | February 25, 2015
2 minute read

Daily Business Review

Attorneys Put Blame on Church for Child's Death

David Bennett, Lawrence Chandler and Carlos Bodden argued that a Methodist church created a blind spot buy creating a driveway from part of a parking lot.
3 minute read

The Legal Intelligencer

Drum v. Dental Care R.E. P'ship, PICS Case No. 15-0254 (C.P. Lycoming Feb. 6, 2015) Anderson, J. (2 pages).

By | February 24, 2015
Slip and Fall • Premises Liability • Evidence
3 minute read

The Legal Intelligencer

Gamble v. Beck, PICS Case No. 15-0269 (C.P. Lycoming Jan. 6, 2015) Gray, J. (8 pages).

By | February 24, 2015
Premises Liability • Landlord/Tenant Liability • Hills and Ridges Doctrine
4 minute read

Daily Business Review

Florida Supreme Court Rejects 4th DCA Ruling, Saying it Overstepped in Apartment Killings

By | February 23, 2015
The Florida Supreme Court slaps down a Fourth District Court of Appeal decision wiping out an award to the family of siblings shot to death at a Plantation apartment complex.
5 minute read

Texas Lawyer

Claim Involving Parking Valet Is Now 'Health Care'?

Stephanie Hamm said an appellate court ruling against her client is just the latest decision applying a tort reform law that's meant to protect health care defendants from frivolous lawsuits to a claim that has no relation with "health care."
5 minute read

Daily Business Review

Chief Judge Scolds Lawyers in $1.25M Default Debacle

3rd DCA Judge Frank Shepherd implied precedent compelled him to favor a negligent lawyer over an attorney who made questionable moves “for reasons known only to him.”
6 minute read

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