Court Dismisses Claims in Electrocution Death, Citing Shotgun Pleading and Immunity for Decedent’s Employer

Carlos Melendez was working on a “transmission tower painting crew” for one of several named defendants when he was electrocuted and killed while working in the course and scope of his employment. After his death, Mr. Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Appellate Court Revives Nursing Home Rights Claim, Rejects Limitation to Current Residents Under NHA

The plaintiff fell in his room at the defendants’ nursing facility. Because the plaintiff was taken to the hospital the next morning, September 16, 2019, he was discharged from the nursing facility that day. Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Trial Court Allows Punitive Damages Claim to Proceed in Campground Bleacher Fall Case, Citing Monroe Standard

A Pennsylvania trial court overruled primary objections to claims of punitive damages when the plaintiffs’ alleged material facts to state a cognizable claim for negligence and generally averred that the defendant acted intentionally, recklessly, Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Superior Court Affirms New Trial in Zoo Injury Case Over Omitted Open and Obvious Jury Instruction

The Superior Court of Pennsylvania affirmed an order granting a new trial, as the jury was not instructed on the open and obvious doctrine and the verdict slip did not include a question on whether the at-issue condition was open and obvious. Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Superior Court Reverses Dismissal, Holds Electronically Signed Praecipe Timely Filed Upon Receipt by Prothonotary

The Superior Court of Pennsylvania ruled that a praecipe for writ of summons was deemed to be timely filed as of the date it was initially received by the county prothonotary’s office and the prothonotary’s office did not have the authority to rej Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Court Affirms Labor Law § 240(1) Liability Despite Lack of Witnesses and Plaintiff’s Potential Comparative Negligence

The plaintiff was injured when he fell off a scaffold. However, there were no witnesses who saw him fall. Other workers heard a sound and then found the plaintiff on the ground next to the collapsed scaffold.  Case Law Alerts, 3rd Quarter, July 2025 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.