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Publication Date: 2023-10-09
Practice Area: Personal Injury
Industry: State and Local Government
Court: Commonwealth Court
Judge: Per Curiam
Attorneys: For plaintiff:
for defendant:
Case Number: 50 C.D. 2022
Appellant appealed the trial court's order sustaining a preliminary objection in the nature of a demurrer based on sovereign immunity. The court reversed and remanded for further proceedings, holding that sovereign immunity was waived where appellant alleged negligence as to the care, custody or control of his personal property while the property was in appellees' possession.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry: Health Care
Court: Superior Court
Judge: Judge Murray
Attorneys: For plaintiff:
for defendant:
Case Number: 1064 MDA 2022
Trial court properly granted summary judgment to defendants, Children's Service Center of Wyoming Valley and CSC doctor, in appellant's action for negligence after child treated by defendants assaulted and killed neighbor because appellant failed to show defendants owed neighbor's family a duty of care. Affirmed.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry:
Court: Superior Court
Judge: Judge Pelligrini
Attorneys: For plaintiff:
for defendant:
Case Number: 8 EDA 2023
Appellant appealed a jury award and amount of damages in her action over an accident in which a car struck her while she was crossing the street and court found no abuse of discretion in allowing evidence of her intoxication, in allowing doctor to testify, in precluding testimony of an "unmarked crosswalk" and jury's verdict did not shock the conscience. Affirmed.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Monroe County
Judge: Judge Higgins
Attorneys: For plaintiff:
for defendant:
Case Number: 1612 EDA 2023
Plaintiff, who prevailed at a jury trial in a personal injury case involving a motor vehicle accident, appealed the court's award of delay damages. Plaintiff sought delay damages in nearly twice the amount ordered by the court. The court found that plaintiff's arguments lacked merit and requested the reviewing court to affirm its order for a lesser amount of delay damages.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry: Health Care
Court: Courts of Common Pleas, Philadelphia County
Judge: Judge Cunningham
Attorneys: For plaintiff:
for defendant:
Case Number: 210700236
Slip-and-fall plaintiff appealed the court's order denying her motion for post-trial relief. The court held that defendant did not admit plaintiff's allegations of negligence and causation by failing to timely respond to her original complaint, and thus the court's order denying plaintiff's motion should be affirmed.
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Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry: Federal Government
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Perez
Attorneys: For plaintiff:
for defendant:
Case Number: 22-1610
Defendant federal government moved to dismiss plaintiff's slip-and-fall personal injury suit for lack of subject-matter jurisdiction, or alternatively for summary judgment. The court rejected defendant's assertion of the discretionary function exception to tort liability and denied summary judgment where genuine issues of material fact remained for resolution by a jury.
Publication Date: 2023-10-02
Practice Area: Personal Injury
Industry: Non-Profit
Court: Commonwealth Court
Judge: Judge Leadbetter
Attorneys: For plaintiff:
for defendant:
Case Number: 408 C.D. 2021
Trial court properly dismissed plaintiff's amended complaint asserting malicious prosecution and abuse of process claims because plaintiff's first complaint did not effect a transfer from federal court pursuant to 42 Pa.C.S. §5103(b) and by the time she filed her amended complaint with the certified transcript, the statute of limitations had run. Affirmed.
Publication Date: 2023-09-18
Practice Area: Personal Injury
Industry: Transportation
Court: U.S. District Court for Pennsylvania - Middle
Judge: District Judge Kane
Attorneys: For plaintiff:
for defendant:
Case Number: 1:23-cv-01080
Defendants moved to dismiss plaintiff's punitive damages claims in his action over an automobile accident and court found plaintiff's allegations plausibly supported a punitive damages remedy at this stage of the litigation. Defendants' motion denied.
Publication Date: 2023-09-18
Practice Area: Personal Injury
Industry:
Court: Courts of Common Pleas, Fayette County
Judge: Judge Cordaro
Attorneys: For plaintiff:
for defendant:
Case Number: 68 of2023 G.D.
Defendant filed preliminary objections to plaintiff's negligence complaint, which sought damages after defendant stuck plaintiff, a pedestrian, with her vehicle. The court sustained two of defendant's three objections and dismissed the third as moot.
Publication Date: 2023-09-18
Practice Area: Personal Injury
Industry: Real Estate | Retail
Court: Courts of Common Pleas, Fayette County
Judge: Judge Williamson
Attorneys: For plaintiff:
for defendant:
Case Number: 3338 CIVIL 2023
Defendant landlord filed preliminary objections to plaintiff's complaint alleging that he was injured when a large mirror fell on him in a business leased from defendant. The court denied defendant's objections, finding that discovery would provide further clarity on defendant's role and potential liability.
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