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Court Grants Trucking Defendant's Motion to Amend its Answer and New Matter to Change Denials to Admissions
16 Nov 2021, 5:00 am
Anyone wishing to review a copy of this interesting Opinion by Judge Nealon in the case of Bellersen may click this LINK.Source of top image: Photo by Mike from Pexels.com.LOOKING TO TRY TO BRING YOUR TRUCKING ACCIDENT CASE TO A CLOSE BEFORE THE END OF THE YEAR? [read post]
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Vehicle Exception to Commonwealth Immunity Reviewed by Commonwealth Court
6 Aug 2024, 10:00 pm
Anyone wishing to review a copy of this decision may click this LINK.Source: “The Legal Intelligencer State Appellate Case Alert,” ww.Law.com (July 31, 2024). [read post]
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Court Enters Judgment on the Pleadings on Promissory Estoppel Claim Based on Claims that Liability Carrier Allegedly Promised to Admit Liability Prior to Suit Being Filed
21 Mar 2022, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Punitive Damages Claims and Direct Liability Claims Against a Trucking Company Dismissed
11 Dec 2023, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Trial Court Upholds Right of Plaintiff To Amend Complaint At Trial To Add Claims of Recklessness and Punitive Damages
24 Jul 2023, 5:00 am
  The Court pointed to those cases in which it has been held that recklessness can be pled in any case whatsoever, regardless of the facts pled.Anyone wishing to review a copy of this decision may click this LINK.I send thanks to Attorney Jamie Anzalone and Attorney Kelly Ciravolo of Anzalone Law Offices in Wilkes-Barre, Pennsylvania for bringing this case to my attention. [read post]
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Superior Court Finds No Duty Owed By Methadone Clinic to Public At Large Where Client Allegedly Drove Intoxicated and Caused Injury
27 Dec 2023, 5:00 am
  As such, the appellate court agreed that the foreseeability of this tragedy was too remote to impose a duty under Pennsylvania law.The appellate court additionally noted that imposing liability in this regard would not serve the public interest in view of the lack of foreseeability and given the strong public interest in the rehabilitation of users of elicit drugs through, in part, methadone clinics.The Superior Court also ruled that the trial court was within its discretion not to allow the… [read post]
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Motion To Amend to Add Claims of Recklessness/Punitive Damages Due to Truck Driver Using Headset Denied
13 Jun 2024, 5:30 am
Anyone wishing to review a copy of this decision may click this LINK.Source of image:  Photo by Brett Jordan on www.unsplash.com. [read post]
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Plaintiff Found to Have Released Personal Injury By Signing a Business Termination Agreement
23 Dec 2024, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK.Source: “The Legal Intelligencer State Appellate Case Alert. [read post]
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Motor Vehicle Accident Case Dismissed for Lack of Timely Service of Process
23 Feb 2024, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Plaintiff's Personal Injury Claim Dismissed After Plaintiff Presented False Documents and False Testimony To the Court
15 Mar 2023, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Federal Court Applies Abstention Doctrine To Declaratory Judgment Action
13 Dec 2023, 5:00 am
As such, the Motion to Dismiss was denied.Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Eastern District Court Declines to Apply Household Exclusion in UIM Context
11 May 2023, 5:00 am
    Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Summary Judgment Granted In Slip and Fall Case Where Plaintiff's Evidence Was Deficient
23 Jun 2023, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK.I send thanks to Attorney Patrick J. [read post]
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Case Dismissed For Lack of Activity Where Plaintiff Did Not Document Any Steps To Complete Service
24 Sep 2024, 5:00 am
  Given that no such record was created in this matter, the court sustained the Preliminary Objections based upon a lack of timely service and dismissed the Complaint.Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Superior Court Finds That Jury Should Have Been Allowed To Consider Comparative Negligence Where Evidence Plaintiff's Alleged Excessive Speed Presented
23 Oct 2024, 3:00 am
   Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Court Allows Discovery of Forgery Based Evidence in Support of Negligent Hiring, Supervision, and Retention Claim in an MVA Case
4 Nov 2021, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK.I send thanks to Attorney Gerard W. [read post]
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Superior Court Rejects Unlicensed Driver Exclusion In Context of First Party Benefits Claims
15 Dec 2023, 5:30 am
   The trial court decision was therefore reversed.Anyone wishing to review a copy of this decision may click this LINK.I send thanks to Attorney Dale Larrimore of the Philadelphia law firm of Larrimore and Farnish, LLP for brining this case to my attention. [read post]
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Pennsylvania Superior Court Reinstates Med Mal Claim That Had Been Dismissed Due to Service of Process Issues [Non-Precedential Decision]
9 Aug 2023, 5:00 am
 As such, Judge McCaffery stated that it was undeniable that the Defendants had been put on notice of the impending lawsuit and that, as such, they did not suffer any unfair surprise or prejudice.As noted, the Superior Court reinstated this medical malpractice action that had been dismissed by the trial court.Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Court Addresses Social Host Liability Issues For Homeowners Where Minor Allegedly Drank Alcohol in the Home and Was then Injured
22 Aug 2023, 5:00 am
However, the court did grant the Defendants’ Motion for Summary Judgment relative to the Plaintiff’s punitive damages claims.Anyone wishing to review a copy of this decision may click this LINK.Source: “Digest of Recent Opinions. [read post]
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Superior Court Addresses Law of Liability for Ambulance Crew Members
13 Feb 2024, 5:00 am
The court otherwise noted that an ambulance driver’s compliance with traffic laws also does not amount to a breach of duty to a healthy passenger that could serve to support the passenger’s claim for negligent infliction of emotional distress based upon an injury to a relative located within the ambulance.Anyone wishing to review a copy of this decision may click this LINK.I send thanks to Attorney James M. [read post]
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