• Rice v. Diocese of Altoona-Johnstown

    Publication Date: 2019-07-01
    Practice Area: Personal Injury
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0711

    Trial court erred in dismissing appellant's action for fraud and civil conspiracy against diocese and diocesan officials because defendants were not entitled to judgment on pleadings since it was for the jury to determine if appellant exercised reasonable diligence to toll the statute of limitations, if defendants' silence was fraudulent concealment and if appellant sufficiently alleged a fiduciary relationship. Reversed.

  • 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.

  • Commonwealth v. Pi Delta Psi, Inc.

    Publication Date: 2019-06-10
    Practice Area: Criminal Law
    Industry: Education
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0660

    Trial court imposed illegal sentence against corporate criminal defendant by barring it from doing business in Pennsylvania as a condition of the probation ordered in the judgment of sentence. Judgment of sentence vacated, case remanded for resentencing.

  • Commonwealth v. Beish

    Publication Date: 2019-04-29
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0481

    The trial court did not deprive defendant of his constitutional due process rights when it found him ineligible for the Recidivism Risk Reduction Incentive program under 61 Pa.C.S. §4503(5) since defendant had no constitutional right or interest in participating in that program. The appellate court affirmed defendant's judgment of sentence.

  • Wright v. Residence Inn by Marriott, Inc.

    Publication Date: 2019-04-29
    Practice Area: Personal Injury
    Industry: Hospitality and Lodging
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0445

    Trial court erred in denying appellant's motion for a new trial in his slip and fall action because trial court erred in precluding appellant's doctor's expert medical testimony on the eve of trial where internist was qualified to testify as an expert and the preclusion of the testimony prejudiced appellant. Reversed, vacated and remanded.

  • Commonwealth v. Muzzy

    Publication Date: 2019-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0357

    PCRA petition dismissed where filed more than three years after judgment of conviction became final and where defendant failed to plead or prove any statutory exception to the PCRA time bar. Order of the PCRA court affirmed.

  • Commonwealth v. Mikec

    Publication Date: 2019-03-25
    Practice Area: Criminal Law
    Industry: State and Local Government
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0318

    Trial court erred in convicting landowner for a second citation for a leaking septic system that was part of an ongoing leakage problem where the legislature authorized only one criminal conviction per continuous violation. Conviction reversed, judgment of sentence vacated.

  • Calabro v. Socolofsky

    Publication Date: 2019-03-25
    Practice Area: Civil Procedure
    Industry: Investments and Investment Advisory | Recruitment and Staffing
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0316

    The trial court did not err or abuse its discretion when it found that Pennsylvania did not have personal jurisdiction over defendant, as the court could not assert jurisdiction over the dispute under a "transacting business" rationale where the alleged conduct at issue, a Wisconsin resident making a single phone call to an Illinois company, was not a form of transacting business within the commonwealth. The appellate court affirmed.

  • Commonwealth v. Shaw

    Publication Date: 2019-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 19-0153

    Discharge of a firearm or BB gun in close proximity to neighbors and bystanders was sufficient to support a conviction for recklessly endangering another person. Judgment of sentence affirmed.

  • Commonwealth v. Evans

    Publication Date: 2019-01-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Superior Court
    Judge: Judge Kunselman
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 18-1583

    Criminal defendant entitled to file nunc pro tunc motion challenging weight of the evidence after trial court failed to advise defendant of his post-sentence rights on the record. Judgment reversed, case remanded.