Publications
Evidence of subsequent remedial measures only restricts introduction of remedial measures taken after occurrence of injury/harm. Pa.R.E.407 does not bar admission of incident reports establishing knowledge of problem before occurrence of injury/harm.
Pa.R.E. 407, barring admission of evidence subsequent remedial measures, only restricts introduction of remedial measures taken after the occurrence of injury or harm. It does not restrict remedial measures taken before the incident at issue.
Case Law Alert - 1st Qtr 2012
Plaintiff's spoliation inference request denied when evidence showed that she reused the product after the incident but failed to maintain possession.
The plaintiff's testimony regarding use of the child booster seat in question on the day of the vehicle accident is precluded, and an adverse inference instruction was given as a spoliation sanction when the plaintiff failed to take pictures o
Case Law Alert - 1st Qtr 2012
Based on the evidence of record, the court found that "interior paint" was a technical term, and the court did not err in refusing to give the dictionary definition of "interior."
The plaintiffs' utilized Duron fire resistant paint to cover oriented strand board in the attics of their residential construction project to comply with local building codes. After several years of use, the paint began to chip.
Case Law Alert - 1st Qtr 2012
Court denies defendant's motion for summary judgment regarding plaintiff's strict liability and negligence claims against manufacturer of rebar web assembly.
The defendant argued that the plaintiff's use of the rebar web assembly exceeded its intended, foreseeable use because he did not use a fall arrest lanyard or compatible attachment to the transmission tower.
Case Law Alert - 1st Qtr 2012
SEPTA entitled to claim of sovereign immunity in a stopped bus accident.
The plaintiffs may not recover damages from SEPTA in a case where a man alleged he was injured while on a stopped bus when it was rear-ended by an uninsured motorist, a three-judge Commonwealth Court panel has ruled.
Case Law Alert - 1st Qtr 2012
Pennsylvania Supreme Court denies "negligent spoliation of evidence" as an independent cause of action.
The appellants, an estate Administratrix and others, sought review of an order from the Commonwealth Court, which affirmed a trial court order that granted summary judgment to appellees, the state police department and various troopers, in the app
Case Law Alert - 1st Qtr 2012
A look at Wal-Mart v. Watson and the Delaware Supreme Court's outline of a reasonable job search and the use of the labor market survey.
The Delaware Supreme Court recently decided this case, which impacts the filing of petitions for review to terminate or reduce a claimant's total disability benefits.
Case Law Alert - 1st Qtr 2012
Board's denial of claimant's petition to determine compensation due affirmed where there is substantial evidence to support conclusion that claimant's low back condition was not result of employment. Need not pinpoint exact cause of claimant's condition.
This case involved an appeal by the claimant to the Superior Court from the Board's decision which denied the claimant's petition to determine compensation due by finding that the claimant had not established by a preponderance of the evid
Case Law Alert - 1st Qtr 2012
Employer not liable to pay travel expenses for claimant's spouse to accompany him to medical appointments absent medical evidence that claimant requires assistance of a travel companion.
In Delaware, pursuant to §2322(g) of the Act, a claimant is entitled to mileage reimbursement for travel to and from medical appointments for a work-related injury.
Case Law Alert - 1st Qtr 2012
Employee v. independent contractor: Appellate Division revisits definition of "employee" under New Jersey Workers' Compensation Act.
The petitioner had worked as a licensed hairdresser at the respondent's nursing home since 1992, where, once per week, she provided hairstyling and other personal grooming services to the residents of the nursing home.
Case Law Alert - 1st Qtr 2012