• Smith v. Wells

    Publication Date: 2019-06-24
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0726

    Trial court erred in sending the question of negligence to the jury in an automobile accident case because defendant disobeyed the second clause of 72 Pa. C.S.A. §3361 by driving at a speed that prevented him from fully braking before striking plaintiff's car and he committed negligence per se. Vacated and reversed.

  • In the Interest of: Z.N.F.

    Publication Date: 2019-06-24
    Practice Area: Family Law
    Industry: Legal Services
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0721

    Trial court did not abuse discretion in finding no conflict between child's best interests and legal interests in involuntary termination of parental rights proceeding where advocate ascertained child's preferred outcome of proceeding to the extent possible, given child's immaturity and inability to understand concepts such as adoption. Order of the trial court affirmed.

  • Hess v. Hess

    Publication Date: 2019-06-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0717

    Court affirmed trial court's equitable distribution of marital estate that included retirement pension where trial court declined to engage in "double dipping" to use pension income to determine the distribution percentages. Order of the trial court affirmed.

  • S.S. v. T.J.

    Publication Date: 2019-06-24
    Practice Area: Family Law
    Industry:
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0725

    Father's pro se appeal of the denial of his petition to modify custody failed because his Pa.R.A.P. 1925(b) statement was not sufficiently coherent to allow the trial court to understand the specific allegations of error and the court found the trial court adequately explained its findings which were supported by adequate evidence in the record. Affirmed.

  • Commonwealth v. Gray

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Nichols
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0691

    The trial court erred in finding that exigent circumstances justified the warrantless entry into defendants' residence where the commonwealth failed to establish, by clear and convincing evidence, that there was a compelling need to enter the residence. The appellate court reversed defendants' judgments of sentence.

  • Commonwealth v. Holston

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry: Insurance
    Court: Superior Court
    Judge: Judge Shogan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0699

    Dismissal of insurance fraud charges by writ of habeas corpus affirmed where commonwealth failed to present sufficient evidence defendant had knowledge of documents seized in execution of search warrant or aided or abetted in submission of false information to the insurer. Order of the trial court affirmed.

  • Commonwealth v. Jordan

    Publication Date: 2019-06-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0701

    Trial court violated right to public trial after excluding defendant's family members without justification when they were not part of public disturbance that caused trial court to close courtroom to the public. Judgment of sentence vacated, case remanded for new trial.

  • Robbins v. Consol. Rail Corp.

    Publication Date: 2019-06-17
    Practice Area: Transportation
    Industry:
    Court: Superior Court
    Judge: Judge Stevens
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0688

    Trial court did not abuse its discretion in denying appellants' motion to dismiss decedent's representative's Federal Employers' Liability Act complaint on forum non conveniens grounds because while decedent was allegedly harmed by chemical exposure working in appellants' Indiana train yard, his employment records were stored in either New Jersey or Florida and decedent's representative identified four potential fact witnesses who lived in Pennsylvania. Affirmed.

  • Ratner v. Iron Stone Real Estate Fund I, L.P.

    Publication Date: 2019-06-17
    Practice Area: Corporate Entities
    Industry: Investments and Investment Advisory | Real Estate
    Court: Superior Court
    Judge: Judge Pellegrini
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0687

    Trial court correctly dismissed limited partners' claims for breach of fiduciary duty, breach of implied duty of good faith and conversion as derivative but erred in dismissing their breach of contract, dissolution of partnership and accounting claims because the vote to retroactively extend the duration of the partnership was ineffective. Affirmed in part, reversed in part and remanded.

  • Commonwealth v. Harris

    Publication Date: 2019-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Dubow
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0686

    Appellant asserted errors in the trial court's expungement order and trial court acknowledged certain clerical errors and court found other errors in the order and remanded for the order to be reissued. Remanded.