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  • Evans v. Lavallee

    Publication Date: 2023-02-06
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CV 20-00879

    The court granted a motion to exclude expert testimony on the grounds that the proposed testimony was duplicative and cumulative as it mirrored testimony from another expert. The court pointed to their discretion to grant or deny motions to exclude evidence, speaking especially to their ability to exclude evidence that "encumbers the record."

  • Callaghan v. Williamsport Area Sch. Dist.

    Publication Date: 2023-01-30
    Practice Area: Real Estate
    Industry: Education | Real Estate
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CV 22-00721

    Plaintiffs' nuisance and trespass claims were insufficient to survive preliminary objections as the pleading did not contain any allegations that defendant's conduct caused the noise, trash or alleged illegal activity occurring on defendant's playground. The court sustained in part defendants' preliminary objections.

  • Evans v. Lavallee

    Publication Date: 2023-01-30
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CV 20-0879

    The court overruled plaintiff's preliminary objections to defendants' amended new matter on the basis that defendants complied with the requirements under Pa.R.C.P. 1019(a) and 1030 by placing plaintiff on notice of the contents of the disputed issues.

  • Reynolds Iron Works v. Lundy Constr. Co.

    Publication Date: 2022-12-26
    Practice Area: Contractual Disputes
    Industry: Construction
    Court: Courts of Common Pleas
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CV 20-0730

    The court denied the parties' respective motions for summary judgment arising from a construction contract and subcontract. The court concluded that summary judgment was improper due to genuine issues of material fact that included whether work was timely completed under the contract, whether an oral modification to the contract was created, and whether proper notice regarding a deficiency was delivered in accordance with the terms of the Pennsylvania Contractor and Subcontractor Payment Act.

  • Lobar Inc. v. County of Lycoming

    Publication Date: 2022-12-19
    Practice Area: Contracts
    Industry: Construction | State and Local Government
    Court: Courts of Common Pleas, Lycoming County
    Judge: Judge Carlucci
    Attorneys: For plaintiff:
    for defendant:
    Case Number: CV 16-1320

    Plaintiff's proffered evidence, including the reports of three expert witnesses, raised material issues of fact regarding the proper interpretation of a contract term requiring the company to construct a tank to store excess leachate from an expanded landfill that was "watertight." The court denied all parties' motions for summary judgment.