Dailey v. Smith, 2024 Pa. Super. LEXIS 442 (PA Superior Ct., October 10, 2024) (Colins, J.) Given the evidence, jury could reasonably conclude without expert testimony that Plaintiff Smith’s driving 20-40% faster than the speed limit effected Defendant’s ability to see him in time and to judge her ability to make a left-hand turn and […]

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 […]

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 […]

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. […]

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 […]

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 […]

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 […]

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 […]