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Litigation Impact of Joint and Several Liability Abolishment
The Legal Intelligencer
November 5, 2013

Pennsylvania has joined the growing number of jurisdictions that have eliminated or modified joint and several liability. Under the old rules, any defendant found negligent could be compelled to pay the entire verdict. Now, only a defendant found to be at least 60 percent at fault pays the entire verdict. Read More

Developing a Products Liability Case in Pennsylvania
The Legal Intelligencer
November 5, 2013

To develop a Pennsylvania products liability case, practitioners must already prepare the case under two different analyses: that of the Restatement (Second) of Torts and the Restatement (Third) of Torts. No one knows how the Pennsylvania Supreme Court will rule in the pending Tincher v. Omega Flex, 64 A.3d 626 (2013), where the court will decide which restatement on strict liability will apply. Read More

Commercial Vehicle Litigation: Beyond Negligent Drivers
The Legal Intelligencer
November 5, 2013

Many lawyers who investigate bus accident cases look to the driver and the bus company as the exclusive tortfeasors. This reflexive response is understandable. The common-carrier doctrine obligates motor carriers, including bus companies, to provide “the highest degree of care for their passengers’ safety,” as in Benson v. Penn Central Transportation, 463 Pa. 37, 46 (1975), Pedretti v. Pittsburgh Railways, 417 Pa. 581, 583-84, 209 A.2d 289, 290 (1965), Griffith v. United Air Lines, 416 Pa. 1, 8, 203 A.2d 796-799 (1964), and Seburn v. Luzerne & Carbon County Motor Transit, 394 Pa. 577, 580, 148 A.2d 534, 536 (1959). But operator negligence is often not the only cause of bus accidents. Immediate and careful investigation is needed to evaluate all of the factual causes. Read More

A Common-Law Anachronism Impacting Injured Minors
The Legal Intelligencer
November 5, 2013

Representing a minor catastrophically injured by a negligent third party can pose a number of unique legal and procedural challenges that need to be carefully navigated in order to put on a successful case. One treacherous and frequently overlooked pitfall involves significant limits on the damages minors are legally entitled to recover. Read More

Picking Unbiased Jurors Isn’t So Black and White
The Legal Intelligencer
November 5, 2013

In a personal injury case, the risk of having a personally affected and biased juror is high. We have all been there, in the halls of the courthouse after jury selection. You run into a colleague and he or she asks, “What does your jury look like?” Implicit in that question is, “What is the racial makeup of your jury?” Read More

Cross-Examining IME Doctor Using Video of Exam
The Legal Intelligencer
November 5, 2013

In all personal injury actions, the plaintiff bears the burden of proof regarding the nature and extent of the injury. To rebut the plaintiff’s claims of injury, the defense is entitled to have the plaintiff examined by a physician of its choosing. Typically, these examinations are referred to as independent medical examinations (IMEs) or what might more properly be referred to as defendants’ medical examinations. For years, these examinations have been part and parcel of every personal injury claim. Read More