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Publication Date: 2022-11-21
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 30007 OF 2016, C.A.
While the state's Emergency Medical Services Systems Act provides that emergency medical service providers are immune from suit unless the claimant establishes gross negligence or willful misconduct, plaintiff's evidence, including two medical expert reports, raised issues of material fact regarding whether defendants acted with gross negligence in treating the decedent during a cardiac incident. The court denied defendants' motion for summary judgment.
Publication Date: 2022-11-21
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 30010 OF 2021, C.A.
Plaintiff's medical malpractice complaint lacked the specificity required by Pa.R.C.P. 1019(a) absent any factual averments to indicate what action/inaction caused plaintiff's alleged harm and her demand for punitive damages lacked any allegations to demonstrate that defendants acted in a manner that was malicious, willful, oppressive or exhibited reckless indifference to the rights of others. The court sustained defendants' preliminary objections.
Publication Date: 2022-11-14
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 369 OF 2021
The court refused to suppress evidence obtained during defendant's detention since the individual who detained defendant on suspicion of discharging a firearm was acting as a private security guard for the complex where the incident occurred, not as a state actor. The court recommended affirmance.
Publication Date: 2022-11-07
Practice Area: Criminal Appeals
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 92 OF 2021, S.A.
Court overturned trial court finding that a street musician had violated the New Wilmington Borough Local Ordinance §100-2 by singing alone on the street corner. The court reviewed the specific language of the statute and concluded that defendant was not assembling a group of people. Therefore, the court found for defendant due to the statute's clear and unambiguous language.
Publication Date: 2022-11-07
Practice Area: Land Use and Planning
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10470 of 2021, C.A.
Plaintiffs' Declaratory Judgment Act complaint, which asserted that defendants were interfering with their use of an alley by calling police and seeking measures from the local township, alleged facts sufficient to indicate imminent and inevitable litigation as well as a direct, substantial and present interest. The court overruled in part defendants' preliminary objections.
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Publication Date: 2022-11-07
Practice Area: Real Estate
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 10473 OF 2020, C.A.
Court granted injunctive relief on the grounds that plaintiffs had properly established that the deed in question intended plaintiffs to have access to a 50-foot strip of land. Outside of the deed, the court further granted injunctive relief on the grounds that plaintiffs had established the need for an easement by necessity.
Publication Date: 2022-10-31
Practice Area: Government
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 70040 OF 2021, C.A.
Plaintiffs sufficiently alleged that they had a legal right to have a public restroom opened by the defendant borough where they paid a merchant license fee directed at raising funds to maintain the restroom and continued to pay the fee without their customers having consistent and regular access to the facility. The court overruled in part defendants' preliminary objections.
Publication Date: 2022-10-31
Practice Area: Real Estate
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 70066 of 2022, MD
Plaintiff failed to establish the first factor required for the maintenance of a lis pendens upon real property, that title to the property was at issue in this litigation; therefore, the court was not required to address the second relevant factor, a balancing of the equities involved. The court denied plaintiff's motion for lis pendens.
Publication Date: 2022-10-24
Practice Area: Land Use and Planning
Industry: Mining and Resources | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 70122 of 2021, MD
The court overturned the decision of a borough to deny a permit request for conditional non-coal surface mining finding the zoning board failed to meet their burden of proof to demonstrate that the permit sought was not consistent with the promotion of the public's health, safety, and public welfare.
Publication Date: 2022-10-24
Practice Area: Contractual Disputes
Industry: Automotive | Construction | Retail
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10474 OF 2020, C.A.
Court partially sustained preliminary objections arising out of defendant's failure to cover repairs allegedly covered under a vehicle's extended warranty. In sustaining the objections, the court found plaintiff failed to adhere to pleading requirements set forth in Pa.R.C.P. 1020. The court also applied the "gist of the action" doctrine, noting that the claims were rooted in contractual rather than tort disputes. The court did, however, find that plaintiff pled fraud with the requisite specificity and appropriately pled bad faith cla
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