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Publication Date: 2021-12-13
Practice Area: Medical Malpractice
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1343
The court held: 1) because issues of fact existed regarding plaintiff's contributory negligence, her motion for a ruling on comparative negligence was denied; 2) claims against three defendants for punitive damages and negligent infliction of emotional distress were dismissed for lack of proof; and 3) decedent's general physician and the partner of the general physician were dismissed for lack of causal connection to the event allegedly responsible for death of plaintiff's decedent.
Publication Date: 2021-12-06
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: 21-1342
The City of New Castle properly denied appellants' request for a conditional use permit for a home occupation/take out kitchen to be located in an R-1 residential low-density zoning district as appellants failed to demonstrate that the proposed conditional use satisfied the criteria in the city's zoning ordinance for a home occupation. The court of common pleas denied appellants' appeal.
Publication Date: 2021-11-29
Practice Area: Employment Litigation
Industry: Education
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1314
The court held that school board's termination of plaintiff's position as an assistant principal was supported by substantial evidence of a decline in enrollment of almost 8% over four years such that furlough was warranted and the board's decision should not be disturbed on appeal. Notice of appeal dismissed.
Publication Date: 2021-11-08
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1131
The court, finding that the subject incident was a routine traffic stop and not a custodial interrogation, held that Miranda warnings were not required. Regarding probable cause, the court held that probable cause existed for the subsequent arrest based on the totality of the circumstances including the odor of marijuana in the car. Also, the court held that the Commonwealth presented a prima facie case of DUI. Motions to suppress arrest and for habeas corpus denied.
Publication Date: 2021-11-01
Practice Area: Toxic Torts
Industry: Manufacturing
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 21-1130
In this strict liability asbestos exposure suit, the court held that plaintiff presented sufficient evidence to meet the frequency, duration and proximity test from Eckenrod v. GAF Corp., 544 A.2d 50 (Pa. Super. 1988) such that defendant's motion for summary judgment must fail. Motion denied.
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Publication Date: 2021-10-04
Practice Area: Wrongful Death
Industry: Technology Media and Telecom | Transportation
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0983
Plaintiff alleged sufficient facts to show that corporate defendant regularly conducted business in Lawrence County per Pa.R.Civ.P. 2179(a) where defendant maintained communication lines, utility poles and other hardware in the county. Defendants' objection alleging improper venue overruled.
Publication Date: 2021-09-13
Practice Area: Family Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Hodge
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0893
Plaintiff's complaint for custody of minor A.A. was granted where 1) the in loco parentis provision of the Custody Act gave plaintiff standing to seek custody due to the amount of care given by plaintiff to minor, 2) the weight of evidence showed plaintiff first rebutted the presumption favoring natural parents and, second, demonstrated that was in A.A.'s best interests to remain in plaintiff's custody, 3) factual averments of complaint plus judicial notice of dependency hearing was sufficient basis to decide on standing without an ev
Publication Date: 2021-09-06
Practice Area: Insurance Law
Industry: Insurance
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0866
Insurer was not entitled to summary judgment in this motor vehicle injury case involving limited tort coverage, because genuine issues of material fact existed about whether plaintiff suffered serious injuries.
Publication Date: 2021-09-06
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0867
The commonwealth established a prima facie case against defendant despite the death of a confidential informant, so the court denied defendant's pretrial motions to suppress and dismiss.
Publication Date: 2021-09-06
Practice Area: Creditors' and Debtors' Rights
Industry: Health Care
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Cox
Attorneys: For plaintiff:
for defendant:
Case Number: 21-0894
Plaintiff correctly argued that dismissal of this action based on the five-year statute of limitations in 42 Pa.C.S.§5525(a) was not warranted because a judgment had already been entered against defendants and §5526(1) applied to this suit to revive a judgment lien on defendant's real property. The court sustained in part plaintiff's preliminary objections.
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