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Tag: negligence

NEGLIGENCE-CORPORATE LIABILITY-EXPERT TESTIMONY

Redos v. UPMC Susquehanna, Pa. No. 19-00528 (C.P. Lycoming February 29, 2024) (Carlucci, J.). 1. Defendants’ Motion to preclude testimony in support of Plaintiff’s claim of corporate liability is denied, without prejudice to Defendants’ ability to seek a directed verdict on that issue, unless either the corporate gross negligence is obvious, or the claim is […]

NEGLIGENCE-MOTOR VEHICLE ACCIDENT-DUTY OF DRIVER AT NIGHT-SUDDEN EMERGENCY

Olar v. Bennett, 2023 Pa. Super. LEXIS 640 (December 29, 2023) (Lazarus, J.). George Olar (Olar) and Carol Lutz (Lutz) (collectively Plaintiffs) filed this appeal from the judgment, entered in favor of Defendant Ronald Bennett (Bennett), after the trial court denied Plaintiffs’ motion for a new trial. Upon review, we conclude the evidence presented in […]

MEDICAL MALPRACTICE-NEGLIGENCE

Sinoracki v. Children’s Serv. Ctr. of Wyo. Valley, 2023 Pa. Super. LEXIS 411 (September 19, 2023) (Murray, J.) At a young age, Z.H. was diagnosed with an inoperable arteriovenous malformation (“AVM”) in the left occipital region of his brain. An AVM is an abnormal tangle of arteries and veins that can develop in the brain […]

NEGLIGENCE-MOTOR VEHICLES-PEDESTRIAN

Moffitt v. Miller, 2023 Pa. Super. LEXIS 408, 2023 WL 6053027 (September 18, 2023) (Pellegrini, J.) Colleen Moffitt (Moffitt) appeals from the judgment entered in the Court of Common Pleas of Chester County (trial court) following a jury trial in this personal injury action filed against Chris Miller (Miller) arising from a motor vehicle accident. […]

DOG LAW-NEGLIGENCE PER SE

Goodell v. Stroble, Pa. No. 22-00906 (C.P. Lycoming July 20, 2023) (Carlucci, J.) This matter came before the Court on July 20, 2023, for oral argument on Plaintiffs’ Motion for Summary Judgment. Attached to the Motion is the transcript of the deposition of Defendant, conducted on February 21, 2023. The facts of this matter are […]

NEGLIGENCE-VISIBLE INTOXICATION

Klar v. Dairy Farmers of Am., 2023 Pa. LEXIS 1112, 2023 WL 5354105 (S. Ct. August 22, 2023) (Wecht, J.) In Pennsylvania, civil liability arising from the provision of alcohol to visibly intoxicated persons lies at an intersection of statutory and decisional law. This case calls upon us to revisit precedents that have prevailed for […]

NEGLIGENCE-NEGLIGENCE PER SE

Cogan House Township v. Lenhart, Pa. No. 14-02035 (C.P. Lycoming May 10, 2023) (Linhardt, J.). CHT filed a complaint against Lenhart, owners of property, concerning drains that were placed. There was a lot of litigation and the matter was reversed by the Commonwealth Court, directing the court to do the following: 1. Take further evidence […]

NEGLIGENCE-SLIP AND FALL-INDEPENDENT CONTRACTORS-RETAINED CONTROL EXCEPTION

Santiago v. Wegmans Food Market, Inc., t/d/b/a Wegmans, Wegmans Retail Service Center, Wegmans Distribution Center, No. 16-CV-1529 (C.P. Lackawanna February 2, 2018) Nealon, J.  In this slip & fall case against commercial landowner by the employee of an independent contractor that was retained by that property owner to provide janitorial services, the owner filed a […]