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Publication Date: 2023-01-16
Practice Area: Personal Injury
Industry: Real Estate
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10753 OF 2019, C.A.
The court denied a motion to dismiss in part on the basis that a genuine issue of material fact existed as to whether defendant landlord had knowledge of an animal's dangerous propensity at issue in a dog bite case. The court did, however, grant the motion to dismiss the claim for punitive damages, finding that plaintiffs failed to plead that defendants' conduct was outrageous or that they acted with evil motives.
Publication Date: 2023-01-09
Practice Area: Wrongful Death
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10244 OF 2022, C.A.
Plaintiffs' allegations that the adult defendants allowed or encouraged underage drinking in their homes were sufficient to establish a legally cognizable claim for negligence as adults owe a duty of care to their minor guests and they breach that duty by serving minors alcoholic beverages of any amount. The court overruled defendants' preliminary objections in part.
Publication Date: 2022-12-12
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 791 OF 2021, C.R.
The court granted defendant's motion to suppress evidence seized during a warrantless search around defendant's curtilage. Although the Commonwealth argued that the emergency aid exception applied, the court disagreed, and pointed to the fact that the officer did not make attempts to arrange medical care for the defendant and even continued on with investigative questions about the incident rather than rendering emergency aid.
Publication Date: 2022-11-21
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 189 OF 2022, C.R.
The court granted in part and denied in part criminal defendant's pretrial motion for a writ of habeas corpus. The court reviewed the extensive evidence demonstrating that the prosecution had sufficient probable cause to hold defendant on a majority of the crimes he was charged with. The court only granted defendant's motion with regard to a trespass count codified in 18 Pa.C.S.A. §3503(b.1)(1)(i), finding that defendant had acted in a way to conceal his presence on the property and did not intend to terrorize the family while stealin
Publication Date: 2022-11-07
Practice Area: Landlord Tenant Law
Industry:
Court: Courts of Common Pleas
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10753 OF 2019, C.A.
Evidence that defendant landlord had observed the behavior of a tenant's dog, including the dog's restraint and his aggressive behavior on at least one occasion, created a material issue of fact as to whether defendant had knowledge of the dog's aggressiveness or propensity for viciousness. The court denied defendants' motion for summary judgment.
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Publication Date: 2022-10-31
Practice Area: Government
Industry: State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 70040 OF 2021, C.A.
Plaintiffs sufficiently alleged that they had a legal right to have a public restroom opened by the defendant borough where they paid a merchant license fee directed at raising funds to maintain the restroom and continued to pay the fee without their customers having consistent and regular access to the facility. The court overruled in part defendants' preliminary objections.
Publication Date: 2022-10-24
Practice Area: Contractual Disputes
Industry: Automotive | Construction | Retail
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10474 OF 2020, C.A.
Court partially sustained preliminary objections arising out of defendant's failure to cover repairs allegedly covered under a vehicle's extended warranty. In sustaining the objections, the court found plaintiff failed to adhere to pleading requirements set forth in Pa.R.C.P. 1020. The court also applied the "gist of the action" doctrine, noting that the claims were rooted in contractual rather than tort disputes. The court did, however, find that plaintiff pled fraud with the requisite specificity and appropriately pled bad faith cla
Publication Date: 2022-09-19
Practice Area: Government
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 10612 OF 2021, C.A.
Court granted in part and denied in part defendant city official's motion to dismiss plaintiff homeowner's complaint for negligence arising out of the city's failure to issue citations to neighbors who refused to correct sewage leakage. The court denied the motion in part finding that defendant as a city official owed a duty to investigate sewage leakage and was responsible for doing so under the Clean Streams Law. The court agreed, however, that defendant's failure to issue sewage citations did not amount to malicious conduct and the
Publication Date: 2022-08-29
Practice Area: Personal Injury
Industry: Real Estate | State and Local Government
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0876
The defendant township was not a joint tortfeasor with its co-defendants in this suit due to its standing as a governmental agency and concomitant immunity; therefore, the co-defendants could not recover on and thus pursue claims of indemnity or contribution from the township. The court sustained the defendant township's preliminary objections.
Publication Date: 2022-08-08
Practice Area: Criminal Law
Industry:
Court: Courts of Common Pleas, Lawrence County
Judge: Judge Motto
Attorneys: For plaintiff:
for defendant:
Case Number: 22-0216
While private homes may not be constitutionally entered to conduct a search or effectuate an arrest without a warrant, the police entry of defendant's home was not unlawful as the record demonstrated that he voluntarily gave consent to police to enter his home. The court denied defendant's pre-trial motions.
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