Pennsylvania Superior Court affirmed judgment on the pleadings in legal malpractice case based upon statute of limitations.

Philadelphia - Headquarters
Lawyers' Professional Liability
The plaintiffs alleged the court erred in not allowing them to amend their pleadings to clarify facts regarding equitable tolling and erred in not recognizing that issues of fact existed. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Affidavits must be based on personal knowledge, set out facts admissible in evidence, show affiant’s competence to testify on matters stated. Insurer not required to show real prejudice from failure to provide sworn proof of loss, as required by policy.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
The trial court granted the insurer’s motion for final summary judgment and considered the affidavit of the corporate representative, as well as the attachment. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Third District Court finds that an insured’s knowledge of a possible claim is critical to the calculus of determining prompt notice.

Fort Lauderdale
Insurance Services – Coverage & Bad Faith Litigation
The trial court found that the appellants failed to give prompt notice of their loss when they reported it two-and-a-half years after the date of loss, thus triggering the presumption of prejudice.  Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Pennsylvania Superior Court affirmed trial court’s dismissal of case because appellant waived her substantive claims by not moving to strike the non pros prior to appealing.

Philadelphia - Headquarters
Health Care Liability
The appellant initiated a lawsuit, pro se, raising negligence and strict liability claims arising out of allegedly negligent treatment received for gastrointestinal symptoms. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Refusal to provide voluntary inpatient examination and treatment to persons who submit for examination now subject to review under Pennsylvania’s Mental Health Procedures Act.

Philadelphia - Headquarters
Health Care Liability
Under Pennsylvania law, medical providers and facilities may be held liable for refusal to provide voluntary inpatient examination and treatment to a person who submits him or herself for examination and treatment when the refusal constitutes will Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Tractor-trailer slamming into traffic stopped due to prior accident was a “foreseeable byproduct” of initial accident, barring summary judgment in favor of driver who had previously crashed and was stopped in traffic for a long period of time.

Westchester
Trucking & Transportation Liability
This highly interesting decision claims to be in line with our jurisdictions, but it appears to carve out additional liability, even in situations where the party seeking summary judgment is not the proximate cause of the subject accident.  Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Delaware court finds ‘issue of fact’ precluding summary judgment, despite metadata in photograph files proving the issue, that the court held was ‘an issue of material fact’ that precludes judgment as a matter of law.

Westchester
Trucking & Transportation Liability
This action involved a motor vehicle collision where the factual dispute at issue on summary judgment addressed whether the plaintiff had timely filed her complaint.  Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Appellate court affirmed trial court’s determination that erroneous admission of evidence that defendant was terminated as a result of accident constituted “harmless error” and was not grounds for vacating judgment in favor of plaintiff.

Westchester
Trucking & Transportation Liability
The plaintiff, a nursing assistant, was sitting in the front seat of an ambulance that rear-ended a vehicle at a red light in poor weather conditions. Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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Fourth District Court of Appeals reverses itself regarding application of the 2007 Medicare Part B Non-Facility Limiting PIP claims and certifies conflict with the Third District Court of Appeals.

Fort Lauderdale
Personal Injury Protection (PIP) Litigation
This suit involved the legal issue of whether Progressive Select Insurance Company incorrectly determined the reimbursement rate for the imaging services provided by In House Diagnostic Services while treating Darryl Frazier for and injury sustain Case Law Alerts, 3rd Quarter, July 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.
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