Publications
The PA Supreme Court holds that the Act does not allow for a refund of unreasonable contest attorney’s fees to the employer by claimant’s counsel.
In County of Allegheny v. WCAB (Parker), 151 A.3d 1210 (Pa.Cmwlth.
Case Law Alerts, 2nd Quarter, April 2018
A claimant who’s separated and living apart from decedent but not divorced is not entitled to dependency benefits under § 307(7) as he could not show he was actually dependent upon and received a substantial portion of support from decedent.
On appeal to the Commonwealth Court, the claimant argued that the Workers’ Compensation Judge erred in denying his fatal claim petition because there was evidence establishing that, although he was separated from the decedent at the time of
Case Law Alerts, 2nd Quarter, April 2018
Employer had a reasonable basis for its termination petition, even though employer’s medical expert questioned whether an accepted work injury occurred.
According to the Commonwealth Court, the employer presented competent medical testimony that rendered its contest reasonable.
Case Law Alerts, 2nd Quarter, April 2018
Special Law Alert: Tincher II – The Pennsylvania Superior Court Orders a New Trial and Reaffirms that the Supreme Court in Tincher I Made Sweeping Changes to Pennsylvania Products Liability Law
In its landmark 2014 decision in Tincher v. Omega Flex, Inc., 104 A.3d 328, 335–36 (Pa. 2014)(Tincher I), the Pennsylvania Supreme Court reshaped Pennsylvania product liability law.
This Special Law Alert has been prepared by Marshall Dennehey Warner Coleman & Goggin to provide information on recent legal developments of interest to our readers.
Venue is proper in any county where either insurer had an agent or other representative.
Two foreign insurers were sued for denying uninsured motorist benefits. The automobile accident occurred in a county between residents who reside in different counties than the area where the accident occurred.
Case Law Alerts, 1st Quarter, January 2018
Trooper’s testimony was erroneously admitted, even though it was based on hearsay and was speculative, as the trooper did not actually investigate the crash firsthand.
The plaintiff brought a negligence action against the driver of a tractor trailer who struck a van in which the plaintiff was a passenger.
Case Law Alerts, 1st Quarter, January 2018
Failure to plead affirmative defense of non-compliance with a condition precedent does not warrant summary judgment.
The trial court ruled that the plaintiff failed to satisfy a condition precedent to her suit against her insurance company.
Case Law Alerts, 1st Quarter, January 2018
Walking across the gym floor is not an activity with inherent risk of injury assumed by a waiver.
The appellate court reversed the dismissal based on waiver and application of Stelluti v. Casapenn Enterprises, L.L.C., 203 N.J. 286. The plaintiff tripped over a weight belt left on the floor by another gym member.
Case Law Alerts, 1st Quarter, January 2018
Specificity in depositions matters; summary judgment overturned on a question of fact as to where and when instructed to wear protective gear.
The plaintiff was injured by a baseball while “warming up” a pitcher off the field just before a game. The defendant coach was granted summary judgment at the trial court level.
Case Law Alerts, 1st Quarter, January 2018
PGA dismissed on summary judgment from child’s injury at golf summer camp.
The plaintiff’s appeal of the dismissal of the PGA was denied. The parents sued for injuries to their child’s baby teeth from the swing of one child golfer to the mouth of their child.
Case Law Alerts, 1st Quarter, January 2018