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Publication Date: 2022-07-25
Practice Area: Personal Injury
Industry: Retail
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Gallagher
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0819
Plaintiff could not maintain this premises liability suit against Walmart Inc and affiliates where the evidence failed to demonstrate any issue of material fact about whether defendants caused or had actual or constructive notice of an allegedly hazardous condition, i.e., a rolled-up mat at the store's entryway. The court granted defendants' motion for summary judgment.
Publication Date: 2022-07-18
Practice Area: Personal Injury
Industry: Cargo and Shipping | Transportation
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Conner
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0792
Expert medical testimony not required to establish causation in motor vehicle accident claim where driver's testimony would allow jury to infer that claimed injuries resulted from the collision. Defendant's motion for summary judgment denied.
Publication Date: 2022-07-18
Practice Area: Personal Injury
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Kearney
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0804
Plaintiff moved to dismiss defendant's assault and battery and intentional infliction of emotional distress counterclaims and her affirmative defenses in her counterclaims to his defamation action and court found plaintiff pled the elements of assault and of battery, dismissed her statute of limitations defense but allowed her other defenses to go forward. Motion granted in part and denied in part.
Publication Date: 2022-07-11
Practice Area: Personal Injury
Industry: Education
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Beetlestone
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0772
Defamation claim failed where alleged statements constituted non-actionable opinion or hyperbolic insults, and where plaintiff could not prove reputational injury or financial loss. Defendant's motion for summary judgment granted.
Publication Date: 2022-07-04
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Judge McCullough
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0751
The trial court properly found that Montgomery County was immune from suit pursuant to the Recreational Use of Land and Water Act given that the decedent's fatal accident, caused by a fallen tree, occurred in a natural and undeveloped recreational area which came under the protection of the act. The appellate court affirmed.
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Publication Date: 2022-07-04
Practice Area: Personal Injury
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Sitarski
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0736
Defendant moved to dismiss plaintiff's slip and fall action over his accident in a locker room and court found plaintiff failed to establish defendant created or had actual or constructive notice of the hazardous condition that caused plaintiff's fall. Motion granted.
Publication Date: 2022-07-04
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Lycoming County
Judge: Judge Tira
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0666
Court denied motion for summary judgment arising from an injury claim wherein plaintiff was severely injured on defendant's property while performing landscaping services under the direction of the defendants. Plaintiff provided evidence in their complaint that defendants largely controlled the manner in which the work was done on defendants' property. Because of this evidence, the court found there was an issue of fact sufficient to establish a basis upon which a finder of fact may impute liability upon the defendant.
Publication Date: 2022-06-27
Practice Area: Personal Injury
Industry: State and Local Government
Court: Courts of Common Pleas, Monroe County
Judge: Judge Zulick
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0657
Given Pennsylvania's Comparative Negligence Act, plaintiff was not barred from pursuing this negligence suit even if she was negligent, and her case raised genuine issues of material fact regarding whether a fellow pedestrian's hand gesture was a legal cause of her injuries. The court denied defendants' motion for summary judgment.
Publication Date: 2022-06-20
Practice Area: Personal Injury
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Marston
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0675
The court refused to dismiss the punitive damages claims the plaintiff passenger asserted against a Greyhound bus driver and his employers since a reasonable jury could conclude that the driver was reckless in using his cell phone while driving the bus on an overnight trip with 22 passengers in a situation suggesting aggravated circumstances. The court denied a motion for partial summary judgment.
Publication Date: 2022-06-20
Practice Area: Personal Injury
Industry: Insurance
Court: Courts of Common Pleas
Judge: Judge Nealon
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0658
The court refused to grant the defendant insurer judgment on the pleadings on plaintiff's promissory estoppel claim as pretrial discovery was necessary on the threshold issue of whether the insurer possessed the requisite authority to conclusively admit liability, as plaintiff alleged, on behalf of an insured. The court denied defendant's motion for judgment on the pleadings.
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