Publications
An injured passenger in a motor vehicle accident is entitled to both liability coverage and UIM benefits from the same policy.
The plaintiff Tillison was injured in an auto accident while he was a passenger in a vehicle operated by the defendant Alexander, who was insured under an automobile policy with GEICO that provided $20,000 per person coverage for both liability an
Case Law Alerts, 3rd Quarter, July 2017
“Eggshell skull” rule upheld in maritime personal injury action under Longshore and Harborworkers’ Compensation Act and found not limited to latent or unmanifested preexisting conditions.
The plaintiff fell down a stairwell while onboard the federal government-owned S.S. Altair, resulting in injuries primarily to his head, neck, shoulders and knees.
Case Law Alerts, 3rd Quarter, July 2017
Pennsylvania Superior Court upholds defense verdict in product liability case where industry standard evidence was introduced at trial.
The jury in this strict product liability action returned a defense verdict, finding that the defendant did not supply a defective product under the risk-utility analysis.
Case Law Alerts, 3rd Quarter, July 2017
Retail store entitled to summary judgment based on surveillance showing employee walking by accident area and testimony that she did not observe any spills.
The appellate division affirmed the trial court’s decision granting summary judgment to a retail store in a slip-and-fall on water accident.
Case Law Alerts, 3rd Quarter, July 2017
ADA and RA claim reversed. Lower court applied wrong standard for effective communication when considering plaintiffs did not prove communication difficulties resulted in misdiagnosis, incorrect treatment or other adverse medical consequences.
The plaintiffs, two profoundly deaf patients, alleged that on numerous occasions they presented at the defendants’ hospitals but could not communicate effectively with hospital staff because of the absence of certain auxiliary aids or servic
Case Law Alerts, 3rd Quarter, July 2017
Superior Court refuses to allow evidence of risks or complications associated with surgery from coming into evidence in medical malpractice case without an informed consent claim.
The Pennsylvania Superior Court recently extended the holding of Brady v.
Case Law Alerts, 3rd Quarter, July 2017
An ounce of prevention is worth a pound of cure; AD discrimination claim against health providers survives summary judgment.
The two plaintiffs, hearing-impaired individuals who treated at the defendants’ hospitals, alleged a violation of the ADA because the hospitals lacked auxiliary aids to ensure effective communication.
Case Law Alerts, 3rd Quarter, July 2017
Contractor retaining control over way it performs work and submits itemized invoices for work is an independent contractor, not an employee, under Pennsylvania Political Subdivision Tort Claims Act and not subject to immunity under Tort Claims Act.
The City of Philadelphia retained JPC Group, Inc. to demolish a property that had sustained fire damage so that the Fire Marshal could investigate the fire’s origin.
Case Law Alerts, 3rd Quarter, July 2017
No genuine issue of material fact exists where plaintiff's unsupported recollections differ from evidence presented by defendant.
The plaintiff argued that the defendant violated the FDCPA by contacting her continuously and repeatedly.
Case Law Alerts, 3rd Quarter, July 2017
Debt collectors need not affirm affirmative statements.
The United States District Court for the Eastern District of New York recently clarified that it is not false, deceptive, or misleading or a violation of Section 1692e of the Fair Debt Collection Practices Act, 15 U.S.C.
Case Law Alerts, 3rd Quarter, July 2017