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Summary Judgment Denied in Slip and Fall Case After Plaintiff Produced Expert Report Asserting that Floor Mat Was Dangerous
21 Sep 2023, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK.Source: Article - “Court Rejects Sam’s Club’s Motion to Nix Slip-and-Fall Case, Citing Questions of Whether Danger was ‘Known and Obvious,” By Riley Brennan of the Pennsylvania Law Weekly (Aug. 21, 2023). [read post]
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Court Recognizes Duty of a Drug and Alcohol Treatment Facility to Prevent Drug Overdose of its Patients
14 Mar 2022, 5:17 am
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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Bad Faith Claim in UIM Case Dismissed Due To Conclusory Allegations
7 Mar 2023, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK.I send thanks to Attorney Joseph Hudock from the law firm of Summers, McDonnell, Hudock, Guthrie and Rauch for bringing this case to my attention. [read post]
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Sending a Complaint to Insurance Adjuster Does Not Amount to Proper Service of Process
27 Nov 2023, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Plaintiff Cannot Compel a Doctor to Provide a Certificate of Merit if the Doctor Does Not Wish To
20 May 2024, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Court Grants Plaintiff What He Paid For In UIM Coverage Question Case
23 Jan 2024, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK.Source “Court Summaries” by Timothy L. [read post]
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Carrier Prevails In Another Business Interruption Coverage Case Arising Out of COVID-19 Closures
23 Nov 2022, 5:22 am
Anyone wishing to review a copy of this decision may click this LINK.I send thanks to Attorney Mark A. [read post]
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Federal Court Reduces $20 Million Dollar Punitive Damages Award
20 Sep 2024, 5:30 am
Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Plaintiff's Trip and Fall Over Pallet of Products in Store Barred By Open and Obvious Doctrine
7 Feb 2024, 5:00 am
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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Remand to State Court on Regular Use Exclusion Issue Denied
6 Dec 2021, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK.I send thanks to Attorney Lee Applebaum of the Philadelphia law firm of Fineman Krekstein & Harris, and also the writer of the excellent Pennsylvania and New Jersey Insurance Bad Faith Case Law blog, for bringing this decision to my attention. [read post]
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Eastern Federal District Court Rules That PA Law Does Not Allow for Strict Liability Claims Against Manufacturers of Medical Devices
14 Mar 2022, 5:00 am
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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Retained Control Theory Used By Court to Deny Landowner's Motion For Summary Judgment in Premises Liability Case
9 Aug 2022, 5:00 am
In his Opinion, Judge Tira referred to the Retained Control Theory found under the Restatement (Second) of Torts §414 to rule that the evidence raised issues of fact that allow the Plaintiff to overcome the Defendant’s Motion for Summary Judgment on the liability issues presented.Anyone wishing to review a copy of this decision may click this LINK.Source: “Digest of Recent Opinions. [read post]
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Court Addresses Law of Liability For Items That Fall From a Wall
19 Dec 2024, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Court Rules that Party Cannot Be Compelled To Produce That Which They Do Not Possess
5 Aug 2022, 5:31 am
The court additionally found the Plaintiff’s request for the production of information regarding similar incidents for years predating the hiring of the employee that the Plaintiff’s claims were negligently hired was also disproportionate.Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Superior Court Finds Trial Court Erred in Granting Dismissal For Service of Process Issues
30 Oct 2023, 7:36 am
In its decision, the Superior Court found that the trial court erred in dismissing the Complaint due to a finding a lack of diligent efforts at service of process given that such a decision effectively contradicted the trial court’s prior implicit finding of good faith effort and due diligence when the trial court separately granted the Plaintiff’s Motion for Alternative Service.Anyone wishing to review a copy of this decision may click this LINK.Source: “Digest of Recent… [read post]
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No Jurisdiction Found Over Out-of-State Contractor in Construction Litigation Case
22 Apr 2022, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK.Source: “Digest of Recent Opinions. [read post]
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Summary Judgment Granted In Slip and Fall Case Due to Lack of Evidence of Actual or Constructive Notice of Spill
1 Dec 2023, 5:00 am
Anyone wishing to review a copy of this decision may click this LINK.I thank Attorney James A. [read post]
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Company That Charged For Work Event At Which Alcohol Was Served Can't Be Held Liable Under Social Host Liability Theory
6 Sep 2023, 6:10 am
Anyone wishing to review a copy of this decision may click this LINK.Source: Article - “Company That Charged For Work Event Can’t Be Held Liable for Guest’s Drunken Driving, Says Pa. [read post]
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Superior Court Affirms Entry of Judgment Against a Negligent Spoliation of Evidence Claim Cloaked As A Promissory Estoppel Claim
3 Feb 2023, 5:00 am
Since such claims are not recognized in Pennsylvania, the Court affirmed the entry of judgment against this promissory estoppel claim.Anyone wishing to review a copy of this decision may click this LINK. [read post]
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Summary Judgment Granted Based on Open and Obvious Doctrine Regarding Accident Involving Pothole
3 Oct 2024, 5:30 am
Anyone wishing to review a copy of this decision may click this LINK.Source: “The Legal Intelligencer Weekly Case Alert” www.Law.com (Aug. 29, 2024). [read post]
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