Publications
In a case dealing with the statute requiring contractors to obtain a certificate of insurance from their subcontractor, the board holds that the contractor fulfills its obligation by obtaining a certificate of insurance from the sub-subcontractor.
This case involved the interpretation of §2311(a)(5) of the Delaware Code which requires contractors on construction sites to obtain from their subcontractors and retain for three years a valid certificate of insurance.
Although potential legal malpractice claim may have been raised in probate proceeding, it can't be said that plaintiffs had full and fair opportunity to litigate claims or that it would otherwise be equitable to bar legal malpractice claim under entire co
The issue in this appeal is whether the plaintiffs' legal malpractice action against the defendants, the attorneys for the estate of their late father, is precluded by disposition of earlier lawsuits or otherwise barred by the entire controve
Case Law Alert - 3rd Qtr 2011
Defendant not responsible for payment of proportionate counsel fees on award of future medical damages pursuant to Mcare Act. Amount owed plaintiff's counsel if plaintiff dies before payment of all future periodic payments remains question of first impres
On January 18, 2008, a jury awarded a medical malpractice plaintiff a gross verdict in the amount of $3,973,000, which was molded to $2,582,450, taking into account the plaintiff's 35% contributory negligence.
Case Law Alert - 3rd Qtr 2011
Where there is proof that preterm labor is causally related to an automobile accident, and where a physician recommends bed rest, such bed rest qualifies plaintiff for summary judgment if it meets minimum time frame contemplated by insurance law §510(d).
The plaintiff passenger sued the defendants owner and driver, seeking damages arising from a traffic accident.
Case Law Alert - 3rd Qtr 2011
As a matter of first impression before an appellate court, the Superior Court held that the admissibility of intoxication to illustrate how an accident occurred, when negligence was conceded, is an improper abuse of discretion by the trial court.
The appellant executor appealed a judgment by the Court of Common Pleas, Dauphin County, Civil Division, (Pennsylvania) in favor of the appellees.
Case Law Alerts - 3rd Qtr 2011
The Appellate Division affirms trial court grant of summary judgment as to three defendants, declining to adopt plaintiff's argument that a prima facie case of medical negligence was established based upon the "totality of the evidence."
The plaintiff filed this medical negligence action against three defendants, Dr. Dalton (emergency room physician), Dr.
Case Law Alert - 3rd Qtr 2011
As a matter of first impression, the adequacy of a jury's verdict in an underinsured motorist action should be reviewed by the same standards as the adequacy of a jury's verdict in a traditional tort case.
The plaintiff was in a motor vehicle accident and settled with the tortfeasor's insurer for the policy limits. The plaintiff claimed she suffered injuries to her neck requiring surgery.
Case Law Alert - 3rd Qtr 2011
Superior Court reversed holding of trial court ruling to transfer venue from Philadelphia to Bucks County, where defendant was personally served in Philadelphia venue in Philadelphia was proper.
The state Superior Court has reversed a trial court ruling that venue in Philadelphia was improper when a defendant had been served personally in Philadelphia, finding that Philadelphia Common Pleas Court Judge Allan L.
Case Law Alert - 3rd Qtr 2011
Superior Court reversed holding of trial court ruling to transfer venue from Philadelphia to Bucks County was proper when the defendant was personally served in a Philadelphia venue.
The Superior Court has reversed a trial court ruling that venue in Philadelphia was improper when a defendant had been served personally in Philadelphia, finding that Philadelphia Common Pleas Court Judge Allan L.
Case Law Alert - 3rd Qtr 2011
The federal Graves Amendment preempted Florida statute § 324.021(9)(b)(2), Fla. Stat. (2007), which eliminated vicarious liability for certain categories of rental car companies.
The petitioner motorist sued the respondents driver, lessee and the leasing company, seeking damages for injuries suffered in a motor vehicle accident.
Case Law Alert - 3rd Qtr 2011