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  • Pennsylvania Trust Co. v. Wilkes-Barre Hospital Co.

    Publication Date: 2019-05-13
    Practice Area: Evidence
    Industry: Health Care
    Court: Courts of Common Pleas, Lackawanna County
    Judge: Judge Nealon
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0474

    Pursuant to Aldridge v. Edmunds and its progeny, defendant's medical expert could make limited reference to textual materials in explaining the basis for his opinion that, contrary to plaintiff's assertion, the infant plaintiff did not meet the "entry criteria" for initiating certain treatment. The court granted in part and denied in part plaintiff's motion in limine.

  • Commonwealth v. Duke

    Publication Date: 2019-04-29
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0478

    The trial court erred in concluding that arresting officers faced "exigent circumstances" while on defendant's property where the troopers failed to observe any conduct or action on defendant's part from which they could reasonably infer that defendant intended to harm them. The appellate court vacated defendant's judgment of sentence.

  • Commonwealth v. Glicas

    Publication Date: 2019-04-29
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Banach
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0439

    Police failed to strictly comply with their procedures for towing a vehicle and conducting an inventory search, so the court granted defendant's motion to suppress.

  • Bayview Loan Servicing LLC v. Wicker

    Publication Date: 2019-04-15
    Practice Area: Evidence
    Industry: Financial Services and Banking
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0431

    The trial court did not err in allowing an employee of a successor bank, which was assigned defendants' mortgage from the original lender, to give testimony authenticating the loan documents under the business records exception to the hearsay rule where the witness provided information to justify a presumption of trustworthiness.

  • Marshall v. Brown's IA, LLC

    Publication Date: 2019-04-15
    Practice Area: Evidence | Personal Injury | Premises Liability
    Industry: Retail
    Court: Superior Court
    Judge: Judge Bowes
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0383

    Trial court abused its discretion to deny an adverse inference instruction where defendant engaged in spoliation by failing to preserve the period of surveillance video requested by plaintiff in her slip-and-fall case, where additional footage would have been relevant to show the spill of the alleged substance on the floor or whether defendant's staff followed reasonable inspection procedures. Judgment vacated, case remanded for new trial.

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  • Commonwealth v. Gill

    Publication Date: 2019-04-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Baer
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0388

    Superior court erroneously overruled trial court's admission of evidence of a subsequent crime committed by another individual when the superior court substituted the trial court's judgment of the evidence for its own. Order of the superior court reversed in part and vacated and remanded in part.

  • Commonwealth v. Allen

    Publication Date: 2019-04-08
    Practice Area: Constitutional Law | Evidence
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0386

    The constable who detained defendant on suspicion of driving under the influence acted within his common law powers to detain defendant based on an in-presence breach of the peace since defendant's conduct - driving at a high rate of speed and going over the embankment while under the influence - constituted a "breach of the peace" as understood at common law. The appellate court affirmed defendant's judgment of sentence.

  • Commonwealth v. Walls

    Publication Date: 2019-04-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0360

    Police had reasonable suspicion of DUI to conduct traffic stop where multiple officers witnessed defendant's vehicle weave across the double-yellow line and fog line in a manner indicative of a driver under the influence. Judgment of sentence affirmed.

  • Commonwealth v. Smith

    Publication Date: 2019-04-01
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0363

    Evidence sufficient to support finding bodily injury and mens rea for simple assault where defendant hit victim with sufficient force and for a long enough period to cause the victim to cry; it was not necessary to prove the victim complained of pain or was left with bruises or marks. Judgment of sentence affirmed.

  • Commonwealth v. Sharaif

    Publication Date: 2019-03-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Lazarus
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 19-0319

    Order suppressing evidence reversed where trial court failed to fulfill mandatory obligation to make findings of fact and conclusions of law in support of its order. Order of the trial court reversed, case remanded.