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  • El-Gharbaoui v. Ajayi

    Publication Date: 2021-08-09
    Practice Area: Contracts
    Industry: Construction
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0914

    Contractor and Subcontractor Payment Act applied to construction on mixed-use structures including those that contained less than six residential units. Judgment of the trial court affirmed in part and reversed and remanded in part.

  • Commonwealth v. McGrath

    Publication Date: 2021-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0797

    Sentence that offered juvenile offender the opportunity for parole at age 65 meant that offender had meaningful opportunity for release, and therefore the sentence did not constitute a de facto life without parole sentence, regardless of the offender's intellectual disabilities. Judgment of sentence affirmed.

  • Commonwealth v. Malloy

    Publication Date: 2021-05-24
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0574

    Police could not conduct separate investigation of vehicle passenger's authority to possess a firearm during a stop of a vehicle for a motor vehicle code violation. Order of the trial court vacated, case remanded.

  • Young v. John E. Lippl

    Publication Date: 2021-04-12
    Practice Area: Legal Malpractice
    Industry: Construction | Legal Services
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0400

    Parties cross-appealed verdict in favor of plaintiff in legal malpractice action arising from her action against construction company over home and court found plaintiff's former husband was not an indispensable party, there was sufficient evidence to allow jury to find defendant's legal negligence was the proximate cause of plaintiff's failure to prevail against construction company, one satisfaction rule prevented plaintiff from recovering more than once for claims centered on defective foundation construction and plaintiff was enti

  • Sayers v. Heritage Valley Med. Group, Inc.

    Publication Date: 2021-03-29
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0340

    Trial court properly dismissed appellants' medical malpractice action on statute of limitations grounds even though appellees raised the issue in their preliminary objections instead of in new matter. Affirmed.

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  • In re S.C.

    Publication Date: 2021-03-29
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 21-0339

    Trial court erred in denying termination of parental rights where infant had broken bones and other injuries and parents provided no plausible explanation for how injuries happened because trial court failed to consider the safety needs of child as well as the love, comfort, security and stability provided by grandparents and the importance of continuing child's relationship with grandparents. Vacated.

  • Commonwealth v. Hawkins

    Publication Date: 2020-12-21
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1376

    Defendant's PCRA petition failed where he failed to present as a witness the apartment building resident who allegedly consented to police entry and where police observed a "recent physical injury" to support defendant's warrantless arrest. Order of the PCRA court affirmed.

  • Commonwealth v. Davis

    Publication Date: 2020-11-30
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1290

    Criminal defendant was not entitled to dismissal of refiled charges, though improperly refiled under rules of criminal procedure, where compulsory joinder and double jeopardy protections did not attach after magistrate improperly converted preliminary hearing on a felony charge into a summary trial on related traffic offenses after the commonwealth sought to withdraw those offenses. Order of the trial court affirmed.

  • Woullard v. Sanner Concrete & Supply

    Publication Date: 2020-11-16
    Practice Area: Damages
    Industry: Construction
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1249

    Appellants challenged trial court's damages award in action over defective home construction and court found appellants did not present any evidence of diminution in value and there was no error in trial court's award of damages based on the costs of repair. Affirmed.

  • State Farm Ins. Co. v. Kitko

    Publication Date: 2020-11-02
    Practice Area: Insurance Litigation
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Olson
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 20-1190

    Trial court erred in finding appellant former spouse was not the primary beneficiary of decedent's life insurance policy because, based on insurance agent's erroneous advice, decedent reasonably did all he could have done to designate appellant as the primary beneficiary of the policy. Order vacated.