• Torres v. United States

    Publication Date: 2023-03-20
    Practice Area: Personal Injury
    Industry: Federal Government
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Leeson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5:21-cv-04953

    Plaintiff sued under the Federal Tort Claims Act after a postal service vehicle truck her car and court found plaintiff failed to prove her migraines and related cognitive symptoms were causally related to the collision but did show collision caused sprain injuries to her arm, shoulder and neck, those injuries were not "serious" under the Motor Vehicle Financial Responsibility Law and court awarded medical costs, property damage and lost wages. Judgment for plaintiff.

  • Mattei v. The Tuthill Corp.

    Publication Date: 2023-03-20
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Mannion
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3:19-2196

    Defendant ski resort moved for summary judgment in plaintiff skier's personal injury action and court found there was a genuine dispute as to whether plaintiff was skiing on or off trail when the incident occurred and thus, whether the Pennsylvania Skier's Responsibility Act barred plaintiff's action, as to whether plaintiff received a lift ticket with the exculpatory release provision and plaintiff's evidence of a ditch in the ski trail raised an issue of material fact as to gross negligence. Motion denied.

  • Bell v. O'Neill

    Publication Date: 2023-03-13
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 03845

    Failure to redact videotaped deposition testimony of a personal injury plaintiff's medical expert, who stated that jurors "can see" plaintiff's injury in medical imaging, did not warrant a declaration of mistrial where other admissible testimony made similar points and the court issued a prompt curative instruction admonishing the jury to disregard the testimony. The court denied defendant's post-trial motions seeking a new trial and related relief.

  • Trafficante v. Homegoods, Inc.

    Publication Date: 2023-03-13
    Practice Area: Personal Injury
    Industry: Consumer Products | Manufacturing | Retail
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 20-5382

    Plaintiff and design company both moved to exclude the other parties' experts under rule 702 in plaintiffs negligence, strict liability design defect and failure to warn and breach of warranty action over a spring tension shower organizer that injured her and court found plaintiff's experts' opinions and testimony were admissible and their qualifications as to the engineering aspects of the design of the shower organizer were not in dispute and defendant's expert had appropriate grounds for his opinions as they related to the human fa

  • Wilson v. Hannigan

    Publication Date: 2023-03-13
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Allen
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00196

    Evidence was sufficient for jury to decline to award tripping accident plaintiff non-economic damages as her subjective complaints were inconsistent with the objective medical evidence and her treatment was excessive in relation to the severity of the injury. Court recommended affirmance of its denial of plaintiff's motion for a new trial.

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  • Brooks v. Griffy

    Publication Date: 2023-03-06
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22 CV 3250

    A personal injury plaintiff's complaint could not state an independent cause of action for punitive damages. Plaintiff's allegations of wanton, willful and reckless conduct were sufficient, however, to support his corresponding general demand for recovery of punitive damages in his personal injury action. Defendants' preliminary objections sustained in part and overruled in part.

  • Monge v. Univ. of Pennsylvania

    Publication Date: 2023-02-27
    Practice Area: Personal Injury
    Industry: Education | Technology Media and Telecom
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Pratter
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-2942

    Defamation claims arising from published article dismissed where the article set forth admittedly true facts and then stated the authors' pure opinion and subjective characterization about plaintiff's underlying motivations. Defendants' motion to dismiss granted.

  • Krakowiecki v. Walker

    Publication Date: 2023-02-20
    Practice Area: Personal Injury
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Cercone
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2:22-cv-00518

    Defendants sought to dismiss plaintiffs' automobile accident negligence action under rule 12(b)(7) and rule 19 arguing other drivers and/or insurance companies that brought claims against them based on the same accident were necessary parties and court found defendant did not establish that any of the other claimants were a "required" or indispensable party and noted that a risk that practically inconsistent judgments for money damages might arise was not sufficient. Motion denied.

  • Yoder v. McCarthy Constr., Inc.

    Publication Date: 2023-02-13
    Practice Area: Personal Injury
    Industry: Construction
    Court: Superior Court
    Judge: Judge Bender
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 1605 EDA 2021

    Trial court erred in barring defendant's statutory employer defense in plaintiff's negligence action after he fell through a hole in a roof while working for roofing subcontractor and court found defendant met all five elements of the McDonald test, defendant was plaintiff's statutory employer and was immune from tort liability. Judgment vacated.

  • Eastman v. Smith

    Publication Date: 2023-02-13
    Practice Area: Personal Injury
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hardy
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-577

    Defendant, a high school technology instructor, was entitled to qualified immunity as to plaintiff's personal injury claim as the record made clear that defendant was not on notice that the conduct alleged by plaintiff would violate a "clearly established" constitutional right. The court granted defendant's motion for summary relief.