• Truong v. Nghiem

    Publication Date: 2024-04-26
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00472

    In this §1925(a) opinion, the trial court asked the Superior Court to affirm its orders granting motions in limine that precluded the plaintiff in a motor vehicle collision case from introducing evidence concerning her future medical expenses and treatment for her permanent injuries and precluding presentation of testimony or evidence concerning a medial branch block and radio ablation that she underwent more than two years after her initial treatment.

  • Smith v. Coble

    Publication Date: 2024-03-15
    Practice Area: Civil Appeals
    Industry: Legal Services
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 01913

    In a §1925(a) opinion, the court urged affirmance of its order granting the defendant lawyer and law firm's motion to reopen the default judgment that the Superior Court had declared void ab initio because plaintiff's Rule 237.5 ten-day notice did not substantially comply with the rule which was a fatal defect.

  • Miles v. Miles

    Publication Date: 2024-03-15
    Practice Area: Real Estate
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 01837

    Defendant appealed the court's order finding in favor of plaintiff and against defendant in plaintiff's action to eject defendant from residential property. The court concluded that its decision should be affirmed where defendant claimed the existence of a written "rent" agreement, but evidence adduced at trial demonstrated that the parties never arrived at a complete agreement.

  • Egan v. Allstate Prop. & Cas. Ins. Co.

    Publication Date: 2024-02-23
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00413

    Plaintiff appealed the court's dismissal of his action against his property insurer for breach of contract and related claims. The court requested that its order be affirmed where plaintiff had voluntarily renewed his policy under its existing terms some two years after he allegedly made oral requests that his coverage be expanded to replacement cost value and that his address be corrected to reflect that he no longer lived in the multi-unit structure, which should have caused insurer to convert the policy from residential to commerci

  • Landau v. Jadco Enter. Inc.

    Publication Date: 2023-05-15
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00641

    Plaintiff sued the defendant for damages resulting from a leg injury. After a trial, a jury verdict was entered for plaintiff and money damages were awarded. Plaintiff filed a post-trial motion seeking a new trial or judgment in its favor raising procedural and substantive errors. The court held that none of the claimed errors justified upsetting the verdict.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Egan v. Allstate Prop. & Cas. Ins. Co.

    Publication Date: 2023-05-01
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00413

    The court granted defendant insurance company's request to dismiss an amended complaint that was filed without leave from the court in violation of Pa.R.Civ.P. 1033(a).

  • Philadelphia Cmty. Dev. Coal. v. Isabella

    Publication Date: 2023-04-10
    Practice Area: Civil Appeals
    Industry: Real Estate | State and Local Government
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 04133

    Party waived issues on appeal by filing lengthy brief with multiple exhibits in violation of rule requiring concise statement of issues to be raised. The trial court recommended that the appeal be quashed.

  • Krump v. Goldsleger

    Publication Date: 2023-02-27
    Practice Area: Evidence
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 01434

    The court requested that the Superior Court deny plaintiff's appeal of the court's refusal to grant a judgment notwithstanding a jury's verdict or alternatively, a new trial. The court concluded that they properly denied plaintiff's request to admit evidence of photos that did not pertain to any of his injuries on the basis that the evidence was not relevant nor probative.

  • Stursberg & Fine, Inc. v. First Am. Title Ins. Co.

    Publication Date: 2021-11-29
    Practice Area: Litigation
    Industry: Financial Services and Banking | Insurance
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-1315

    Upon review of appellant's statement of errors, the trial court concluded that the granting of judgment on the pleadings was premature because it mistakenly took into consideration factors and legal arguments pertaining to a related case. Remand to Common Pleas requested.

  • McFarland v. Ethicon, Inc.

    Publication Date: 2019-12-23
    Practice Area: Damages
    Industry: Health Care | Manufacturing
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Powell
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-1433

    The trial court allowed plaintiff to recover punitive damages in this products liability suit involving a pelvic mesh device where the defendant manufacturer did not report adverse events to the Food and Drug Administration, as required, and denied defendants' motion to reduce the jury's substantial verdict for plaintiff. The trial court recommended affirmance.