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The Legal Intelligencer

Creoruska v. Burger King, PICS Case No. 16-1428 (C.P. Philadelphia Aug. 15, 2016) Anders, J. (14 pages).

By | December 02, 2016
A property owner was not liable for a slip and fall occurring on newly fallen snow and ice, where the hills and ridges doctrine precluded liability for falls on snow and ice creating generally slippery conditions.
6 minute read

The Legal Intelligencer

Milano v. Commerce Square Partners-Philadelphia Plaza, L.P., PICS Case No. 16-1403 (C.P. Philadelphia Aug. 16, 2016) Shreeves-Johns, J. (15 pages).

By | December 02, 2016
The trial court correctly precluded evidence and testimony of repairs to a floor where a slip-and-fall accident occurred because they were inadmissible evidence of subsequent remedial measures.
6 minute read

The Legal Intelligencer

Kovacevich v. Crown Equip. Corp., PICS Case No. 16-1426 (C.P. Philadelphia Aug. 22, 2016) Lachman, J. (38 pages).

By | December 02, 2016
Plaintiff Christopher Kovacevich appealed from the denial of his post-trial motion to remove the nonsuit of his premises liability action against defendant Reginal Produce Cooperative Corporation. Plaintiff was employed by T.M. Kovacevich, which leased space in the Philadelphia Wholesale Produce Market operated by defendant, as a salesman. While plaintiff was working inside a cold box, part of the private space leased by TMK, his co-worker Ernest Scarlata was in the common concourse of the market, which was maintained by defendant, operating an electric pallet jack "forks first" such that the load on the pallet jack prevented Scarlata from seeing objects in front him. Scarlata drove the pallet jack into the cold box and impacted plaintiff, causing plaintiff to sustain severe injuries.
6 minute read

The Legal Intelligencer

Stuski v. Phila. AID, PICS Case No. 16-1401 (C.P. Philadelphia Aug. 12, 2016) Lachman, J. (13 pages).

By | November 23, 2016
Plaintiff in a premises liability action alleged that a property management company was responsible for snow removal on a city-leased lot where he slipped and fell on his way to work. Defendants moved for summary judgment. The court found that the police employee did not provide evidence in support of his allegation that defendants were responsible for the snow removal, but rather the city itself. The court granted summary judgment to defendants, and plaintiff appealed.
6 minute read

The Legal Intelligencer

Brewington v. City of Philadelphia, PICS Case No. 16-1398 (Pa. Commw. Nov. 14, 2016) Wojcik, J. (18 pages).

By | November 23, 2016
The trial court erred in granting a local agency summary judgment by rejecting the real property exception to governmental immunity by focusing on chattel or personalty that could have been used to avoid plaintiff's injury. Summary judgment reversed.
6 minute read

The Legal Intelligencer

Craven v. Lawrence Cnty. Phys. Therapy Inst., PICS Case No. 16-1373 (C.P. Lawrence Oct. 24, 2016) Motto, P.J. (11 pages).

By | November 18, 2016
A visitor to a physical therapy pool slipped on the locker room floor after completing her exercise, breaking an ankle. She sought recovery for the injury, but the owner of the facility objected, arguing against the existence of a dangerous condition and plaintiff's ability to prove they knew or should have known of it, and moved for summary judgment. Comparing the situation to similar case law, the court found that circumstantial evidence was admissible and sufficient presented to allow a jury to reach a conclusion of liability, and denied the motion.
8 minute read

The Legal Intelligencer

Toro v. Fitness Int'l LLC, PICS Case No. 16-1391 (Pa. Super. Nov. 10, 2016) Solano, J. (19 pages).

By | November 18, 2016
Trial court properly granted summary judgment to fitness center in appellant's action against center based on his slip and fall in the locker room because the membership agreement appellant signed contained a valid waiver clause. Affirmed.
5 minute read

Daily Business Review

Lawyer Whose Bathroom Break Caused Case to Be Tossed Wins Reversal

An attorney who thought he had time for a quick bathroom run returned to the courtroom to find the judge granting summary judgment to opposing counsel in a premises liability case.
6 minute read

The Legal Intelligencer

Gym Liability Waiver Doesn't Violate Public Policy, Court Says

The Pennsylvania Superior Court ruled that a liability waiver in a signed gym membership contract was not against public policy and was valid regardless of whether the member read it.
9 minute read

Law.com

RoboLaw: A Q&A With Littler's AI Practice Leader Garry Mathiason

Veteran class action litigator Garry Mathiason recently traded his firm management role for a new challenge, co-chairing the firm's emergent Robotics, AI, and Automation practice group. Mathiason sat down with ALM Director of Intelligence Dirk Olin to discuss the new group as well as the brave new world of the law machine.
9 minute read

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