• Ungard v. Williamsport Bureau of Police Pension Bd.

    Publication Date: 2019-06-24
    Practice Area: Employment Litigation
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0729

    Trial court properly reversed board and found police officer's pension was not forfeited because, while officer was convicted of tampering with public records and obstructing the administration of law, city presented no evidence to show a connection between officer's crimes and his public employment. Affirmed.

  • 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.

  • Covolus v. Menist

    Publication Date: 2019-06-17
    Practice Area: Business Torts
    Industry: Health Care | Transportation
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Williamson
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0665

    While Pennsylvania case law is silent as to whether a business that provides ambulance services owes a fiduciary duty to persons it transports, the court considered the nature of ambulance services and concluded that such a fiduciary duty exists and that plaintiff sufficiently alleged a cause of action against the defendant ambulance service for failure to prevent harm. The trial court overruled defendant's preliminary objections in part.

  • Justice v. Lombardo

    Publication Date: 2019-06-17
    Practice Area: Government
    Industry: State and Local Government
    Court: Supreme Court
    Judge: Justice Donahue
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0692

    The lower court erred in granting defendant state trooper judgment notwithstanding the verdict in favor of plaintiff as there was sufficient competent evidence upon which the jury could have found that defendant acted outside the scope of his employment during his encounter with the plaintiff motorist, who alleged she was assaulted and battered. The high court reversed and remanded.

  • Strasburg Scooters, LLC v. Strasburg Rail Road, Inc.

    Publication Date: 2019-06-03
    Practice Area: Transportation
    Industry: Federal Government | Real Estate | State and Local Government
    Court: Superior Court
    Judge: Judge Stabile
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0657

    Trial court properly dismissed appellant's declaratory judgment action against appellee rail road seeking relief related to its right-of-way because under the interstate commerce commission termination act, the surface transportation board had exclusive jurisdiction over the issues. Affirmed.

  • W.J. Menkins Holdings, LLC v. Douglass Twp.

    Publication Date: 2019-05-27
    Practice Area: Land Use and Planning
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Covey
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0610

    Applicant challenged the conditions imposed by the zoning board for approval of its variance and the court found the hours of operation condition was reasonable and supported by the record but the condition that applicant comply with the land use development regulations was an abuse of discretion. Affirmed in part and reversed in part.

  • MDB v. Punxsutawney Christian Sch.

    Publication Date: 2019-05-27
    Practice Area: Education Law
    Industry:
    Court: U.S. District Court for Pennsylvania - Western
    Judge: District Judge Hornak
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0613

    Defendants private school, school district and van operator moved to dismiss plaintiff's Title IX, §1983 and state law claims after he was sexually assaulted by another student on a van riding to school and court dismissed all claims except the Title IX claim against school district and the negligence claim against van operator. Motion dismissed in part and granted in part.

  • Fullman v. Bureau of Admin. Adjudication

    Publication Date: 2019-05-20
    Practice Area: Administrative Law | Transportation
    Industry: Transportation
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0577

    Parking violation citation for "over time limit" upheld where driver failed to hang his handicap parking placard from his rearview mirror. Order of the trial court affirmed.

  • Shirey v. Berks Area Reading Transp. Auth.

    Publication Date: 2019-05-20
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Leavitt
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0564

    Trial court properly granted summary judgment to association and transport authority in appellant's slip and fall action because appellant's evidence did not establish a prima facie case of negligence by association and failed to allege authority's actions fell under an enumerated exception to governmental immunity under the TCA. Affirmed.

  • Livingston v. Greyhound Lines Inc.

    Publication Date: 2019-05-20
    Practice Area: Motor Vehicle Torts | Personal Injury
    Industry: Transportation
    Court: Superior Court
    Judge: Judge Colins
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0567

    Trial court did not abuse its discretion in excluding certain evidence or in denying a mistrial and the evidence supported the jury's compensatory and punitive damages award in bus accident case in which company was vicariously liable for driver's action. Affirmed.