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  • Comerford v. Burrier

    Publication Date: 2022-08-29
    Practice Area: Personal Injury
    Industry: Education
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0927

    Plaintiff's complaint made a prima facie showing of a duty on the part of the defendant property owner where she claimed the owner was negligent in failing to provide spectator bleachers with designated stairs and railings for people ascending the bleachers or to warn of the dangerous condition created by the absence of stairs or railings. The court overruled in part defendant's preliminary objections.

  • Murray v. Frick

    Publication Date: 2022-08-22
    Practice Area: Personal Injury
    Industry: Food and Beverage | Real Estate
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Caffrey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0871

    Given precedent defining §4-497 of the Pennsylvania's Dram Shop Act as a limiting provision that protects a licensee from liability to third parties unless the patron was visibly intoxicated, the court held that the provision operated to preempt plaintiff's common law negligence claims against the defendant liquor licensee. The court sustained defendants' preliminary objections in part.

  • Doundas v. Redner's Market, Inc.

    Publication Date: 2022-08-22
    Practice Area: Personal Injury
    Industry: Retail
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Pavlack
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0874

    Defendant was not liable for physical harm suffered by plaintiff while a business invitee in defendant's store as the condition that allegedly caused her injury was obvious and would be recognized by a reasonable person in the position of the visitor, exercising normal perception, intelligence and judgment. The court granted defendant summary judgment.

  • Correa v. Bridge St. Apartments

    Publication Date: 2022-08-15
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Zulick
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0842

    Court granted defendant's request to dismiss plaintiff's personal injury complaint for failure to serve the complaint within the applicable statute of limitations. The court held that although plaintiff was granted a praecipe for writ of summons, plaintiff did not act quickly enough to serve the summons and the plaintiff's service of the complaint, eleven months after the statute of limitations had run, demonstrated a lack of good faith. Therefore, the court dismissed the complaint in its entirety.

  • Hamm v. Perano

    Publication Date: 2022-08-15
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lindhart
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0809

    Court denied defendants' motion in limine seeking to exclude the expert testimony of plaintiff's medical doctor who was expected to testify as to the possibility that plaintiff would need medical care in the future. Although defendants argued that the "possibility" of medical care in the future was not admissible evidence, the court agreed with plaintiff that under Rule 223 of the Pennsylvania Rules of Civil Procedure, the testimony was relevant to her claim for future noneconomic pain and suffering damages.

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Chasan v. Stevens

    Publication Date: 2022-08-08
    Practice Area: Personal Injury
    Industry: Legal Services
    Court: Commonwealth Court
    Judge: Judge Cannon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0887

    Quasi-declaratory judgment action arising from claims of defamation was properly dismissed on preliminary objection where it was clear from the face of the complaint that the case arose from a judicial opinion issued by a court acting within its subject matter jurisdiction, thereby entitling the judges to judicial immunity. Order of the trial court affirmed.

  • Walsh v. Toth

    Publication Date: 2022-08-08
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0818

    An unexcused violation of §502A(a) of the Dangerous Dog Law, which establishes the summary offense of harboring a dangerous dog for any owner whose dog attacks or inflicts severe injury on a person without provocation if the dog has a history of attacking or a propensity to attack without provocation, constitutes negligence per se. The court overruled defendants' preliminary objections.

  • Knights v. Terrapin Bus Station, LLC

    Publication Date: 2022-08-08
    Practice Area: Personal Injury
    Industry: State and Local Government | Transportation
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0846

    Court denied motion for summary judgment in a slip and fall case brought against a bus company and Mt. Pocono Borough. Although the borough argued there was no issue of a genuine issue of material fact as they were not on notice of the defective condition and were not the owners of the property, they failed to attach any evidence to their motion proving who was the owner of the property in question. Given that the court could not determine this information from what was in the record, the court denied the motion for summary judgment.

  • Coryell v. Morris

    Publication Date: 2022-08-01
    Practice Area: Personal Injury
    Industry: Food and Beverage | Hospitality and Lodging
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0787

    Court denied defendant's request for appeal arising out of a trial court verdict finding defendant LLC vicariously liable for damages caused by a franchisee employee. While defendant argued that a master-servant relationship did not exist, the court reviewed evidence citing to defendant's right to a significant amount of control and oversight over the employee, thus making them vicariously liable for plaintiff's injuries.

  • Willburn v. Narcotics Anonymous World Serv., Inc.

    Publication Date: 2022-07-25
    Practice Area: Personal Injury
    Industry: Legal Services | Non-Profit
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Lindhart
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 22-0757

    Court granted request to strike a previously stipulated discontinuance after learning that one of the defendant party's counsel erroneously signed the stipulation due to a clerical mistake.