• Boccella v. Imani

    Publication Date: 2024-03-29
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 0834

    The court's §1925(a) opinion urged the Superior Court to affirm its order denying defendant's motion for a judgment notwithstanding the verdict and for a new trial.

  • Hernandez v. Independence Constructors Corp.

    Publication Date: 2024-03-22
    Practice Area: Personal Injury
    Industry: Construction | Transportation
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 02689

    Defendant appealed a judgment entered upon a jury's personal injury verdict in favor of an injured worker. The court concluded that its judgment should affirmed where defendant, which subcontracted plaintiff's employer for construction work along transit authority train tracks, was not a statutory employer entitled to employer immunity under the Pennsylvania Workers' Compensation Act.

  • Mosley v. Bagnato

    Publication Date: 2024-01-22
    Practice Area: Law Firm Client Relationships
    Industry: Legal Services
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00472

    The court filed its §1925(a) opinion urging the Superior Court to affirm its orders of May 26, 2023, denying plaintiff's motions for summary judgment and for sanctions against the defendant, who was accused of professional malpractice by the plaintiff, because the plaintiff failed to file timely a statement of matters complained of on appeal pursuant to §1925(b).

  • Feldman v. Vito Braccia Constr., LLC

    Publication Date: 2023-10-16
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 00942

    Defendant appealed a jury verdict finding it liable for negligence in the personal injury suffered by a subcontractor's employee during a tree removal operation. The court concluded in pertinent part that it did not err in denying defendant's statutory employer defense.

  • Bell v. O'Neill

    Publication Date: 2023-03-13
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 03845

    Failure to redact videotaped deposition testimony of a personal injury plaintiff's medical expert, who stated that jurors "can see" plaintiff's injury in medical imaging, did not warrant a declaration of mistrial where other admissible testimony made similar points and the court issued a prompt curative instruction admonishing the jury to disregard the testimony. The court denied defendant's post-trial motions seeking a new trial and related relief.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Doe v. Hand & Stone Franchise Corp.

    Publication Date: 2023-01-02
    Practice Area: Personal Injury
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 04964

    Defendants' general duty of care could not be extended to find their failure to report a former employee and sexual predator to authorities because there was no special relationship between the employer and plaintiffs, the predator's future alleged victims. The court recommended affirmance of it order granting defendants summary judgment.

  • Saahir v. Albert Einstein Med. Ctr.

    Publication Date: 2022-11-28
    Practice Area: Evidence
    Industry: Health Care
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 03298

    The photographs documenting decedent's painful injuries while in hospital were directly relevant to plaintiff's wrongful death and survival claims, while defendant's argument regarding a discrepancy in the date of the photos went to the weight to be given such evidence at trial. The court recommended affirmance.

  • Santiago v. Philly Trampoline Park LLC

    Publication Date: 2022-09-19
    Practice Area: Dispute Resolution
    Industry: Entertainment and Leisure
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 02154

    Plaintiffs, father and daughter, were not parties to an agreement signed by their wife and mother, respectively, since parents do not possess the authority to release a minor's claims merely because of the parental relation and husband and wife cannot act as an agent for the other merely due to their marital relationship. The court recommended affirmance of its order denying a motion to compel arbitration.

  • Shedrick vs. Watson

    Publication Date: 2022-09-05
    Practice Area: Criminal Law
    Industry:
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0899

    Court requested the superior court affirm the court's order dismissing a claim against a police officer alleging the officer did not have probable cause to search the plaintiff after discovering contraband next to plaintiff inside an automobile. The court disagreed with plaintiff's argument that constructive possession was historically not found in automobiles and ruled that based on clear precedent, constructive possession may be found in automobiles, or any location for that matter, depending on the set of facts.

  • Coryell v. Morris

    Publication Date: 2022-08-01
    Practice Area: Personal Injury
    Industry: Food and Beverage | Hospitality and Lodging
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Foglietta
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 22-0787

    Court denied defendant's request for appeal arising out of a trial court verdict finding defendant LLC vicariously liable for damages caused by a franchisee employee. While defendant argued that a master-servant relationship did not exist, the court reviewed evidence citing to defendant's right to a significant amount of control and oversight over the employee, thus making them vicariously liable for plaintiff's injuries.