• Grady v. Rothwell

    Publication Date: 2022-11-28
    Practice Area: Wrongful Death
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 4:22-CV-00428

    Court lacked personal jurisdiction as there was no evidence or allegation that corporation was "at home" in the state, and the underlying motor vehicle accident occurred in another state. Defendants' motion to dismiss granted, proposed intervenor's motions to intervene and dismiss denied as moot.

  • Piazza v. Young

    Publication Date: 2022-10-31
    Practice Area: Wrongful Death
    Industry: Education
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Brann
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 4:19-CV-00180

    Defendants sought an additional protective order in wrongful death action over death of a student at a fraternity party and court found concerns associated with the ongoing criminal cases against two defendants in this case outweighed the public interest supporting disclosure of deposition transcript, exhibits and recordings. Motion granted.

  • Vigone v. Kortz

    Publication Date: 2022-10-24
    Practice Area: Wrongful Death
    Industry:
    Court: Courts of Common Pleas, Allegheny County
    Judge: Judge Hertzberg
    Attorneys: For plaintiff:
    for defendant:

    Case Number: GD 22-2730 772 WDA 2022

    Court issued an opinion supporting its order which denied defendant's motion for stay of proceedings as well as for relief from judgment by default. Although defendant argued the court failed to properly apply the balancing test under Keesee v. Dougherty, the court ultimately went through each of the factors, finding that they weighed in favor of denying the motion and that the court committed no error. 230 A. 3d 1128 (Pa. Super 2020).

  • Korol v. Aurora Pump Co.

    Publication Date: 2022-10-24
    Practice Area: Wrongful Death
    Industry: Manufacturing
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Fletman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 190301223

    Court denied appellant's appeal objecting to the court's order granting summary judgment on appellant's claims in a wrongful death action arising out of asbestos exposure. Although appellant claimed that the decedent was exposed to asbestos while working for appellee, no evidence was produced. Therefore, the court found that appellant's claims were speculative at best and failed to create a genuine issue of material fact.

  • Pierce v. 741HIG902Trust

    Publication Date: 2022-10-10
    Practice Area: Wrongful Death
    Industry: Construction | Real Estate
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Haines
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 3:21-cv-197

    Property rehabilitators, defendants in negligence and wrongful death action, moved to dismiss arguing non-party T.T. Jones owned the property and was an indispensable party and court found there was dispute as to ownership, defendants' repair and rehabilitation of the property and its electrical system would have occurred before the alleged transfer of the property and defendants failed to show Jones as a necessary or indispensable party. Motion denied.

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  • Essington v. Monroe County Transit Auth.

    Publication Date: 2022-10-03
    Practice Area: Wrongful Death
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5117 CIVIL 2020

    Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently failed to ensure a bus stop outside of their gated community was safe. The court granted the motion on the grounds that defendants had no control over where the bus stops were installed and owed no duty to plaintiff on these grounds.

  • Essington v. Monroe County Transit Auth.

    Publication Date: 2022-10-03
    Practice Area: Wrongful Death
    Industry: Real Estate
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5117 CIVIL 2020

    Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently failed to ensure a bus stop outside of their gated community was safe. The court granted the motion on the grounds that defendants had no control over where the bus stops were installed and owed no duty to plaintiff on these grounds.

  • Essington v. Monroe County Transit Auth.

    Publication Date: 2022-10-03
    Practice Area: Wrongful Death
    Industry: State and Local Government | Transportation
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 5117 CIVIL 2020

    Court granted motion to dismiss filed by property association defendants in a wrongful death claim where plaintiffs alleged defendants negligently located and designed a dangerous bus stop. The court granted the motion on the grounds that plaintiffs' claims were barred under the doctrine of sovereign immunity due to precedent holding immunity was only waived in instances where defendant government agency constructed a negligent condition.

  • Testa v. Broomall Operating Co., L.P.

    Publication Date: 2022-09-05
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: U.S. District Court for Pennsylvania - Eastern
    Judge: District Judge Marston
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-5148-KSM

    Defendants moved to dismiss plaintiff executrix's action over her mother's death from COVID-19 while residing at defendant's facility and court found plaintiff's claims did not arise out of defendant's use of covered countermeasures, but out of defendant's non-use of countermeasures, and defendant was not shielded from liability by the Public Readiness and Emergency Preparedness Act or the Pennsylvania emergency management services code. Motion denied.

  • Fuhrman v. Mawyer

    Publication Date: 2022-07-18
    Practice Area: Wrongful Death
    Industry: Transportation
    Court: U.S. District Court for Pennsylvania - Middle
    Judge: District Judge Kane
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0797

    Court declined to dismiss punitive damages claim where defendant driver was facing pending criminal charges of homicide by vehicle and careless driving and plaintiffs had sufficiently pled that defendants' actions leading to the fatal accident constituted a reckless disregard of the substantial risk of serious injury. Defendants' partial motion to dismiss denied, motion for a more definite statement granted in part and denied in part.