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 […]
Tag: negligence
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-EMOTIONAL DISTRESS-INTERFERENCE WITH A DEAD BODY
Rouse v. Rosenberg, 2023 Pa. Super. LEXIS 202 (May 15, 2023) (Pellegrini, J.). This case involves a cause of action for emotional distress resulting from interference with a dead body. Under § 868 of the First Restatement of Torts, as adopted by our Supreme Court in Papieves v. Lawrence, 437 Pa. 373, 263 A.2d 118, […]
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 […]
NEGLIGENCE-GROUP HOME LIABILITY-CHOKING CASE
Bouchon v. Citizen Care, Inc., 2017 Pa. Super. LEXIS 989 (December 6, 2017) Stabile, J. This case involves Charles Bouchon, who is mentally challenged. He was the occupant of a group home owned and operated by Citizen Care. During a pizza dinner, the resident was unsupervised. He choked on uncut pizza and a soft drink. […]