Publications
When political subdivision installs lighting as part of real estate, sovereign immunity is waived if agency’s negligent installation and design creates dangerous condition.
A pedestrian brought a personal injury action against political subdivisions after falling while walking on a sidewalk in front of a public housing development around midnight.
Case Law Alerts, 1st Quarter, Janu
Due Process Clause of 14th Amendment does not require municipalities provide pre-termination hearing where employee’s position is eliminated following good faith government reorganization.
The plaintiff was chief of police from 2006 until the Township eliminated the department in 2016. In March 2016, the supervisors passed a resolution and enacted an ordinance eliminating the department.
Case Law Alerts, 1st Quarter, Janu
Contractor and Subcontractor Payment Act applies to mixed-use projects involving both residential and non-residential or commercial units.
The Contractor and Subcontractor Payment Act (CASPA), 73 Pa. Stat. Ann.
Case Law Alerts, 1st Quarter, Janu
Independent due diligence blunts justifiable reliance argument in real estate purchase transaction.
The Pennsylvania Superior Court recently affirmed the trial court’s dismissal of intentional misrepresentation, negligent misrepresentation, and fraud in the inducement claims asserted against a sales agent who prepared a prospectus and the owner
Case Law Alerts, 1st Quarter, Janu
Out-of-possession contractor who creates condition that causes physical injury to third party may be liable to third party even though landowner was aware of condition and previously accepted contractor’s work.
In this Commonwealth Court level wrongful death case, the trial court granted motions for summary judgment filed by the defendant architect, contractor and subcontractor.
Case Law Alerts, 1st Quarter, Janu
Right to adequate medical care under 42 USC § 1983 is clearly established constitutional right when need is “obvious,” even if jail officer allows nurse to examine and nurse finds no serious medical need.
A detainee complained of knee pain and was visibly displaying difficulty standing. The jail officer had a nurse examine the detainee, and the nurse found no serious need for medical care.
Case Law Alerts, 1st Quarter, Janu
In insurance coverage disputes, the only proper entity to bring suit against it is company underwriting subject insurance policy.
The plaintiffs sued Federal Insurance Company, Chubb INA Holdings, Inc. and Chubb Group Holdings, Inc. for denying business interruption coverage, even though Federal Insurance Company was the sole underwriter of the plaintiffs’ policy.
Case Law Alerts, 1st Quarter, Janu
Erroneous execution of “Connecticut Consent Form” for election of uninsured motorist coverage does not bind insurer if insured proves intent to reject coverage.
The District Court held that, even though Ryder Systems, Inc.
Case Law Alerts, 1st Quarter, Janu
Injuries from act of third party can be foreseeable consequence of failure to exercise care to prevent physical harm to others when rendering services and undertaking responsibility for safety of others.
In a matter that can be highly analogous to settings involving bus depots, vehicle lots and transportation hubs, the Delaware Supreme Court denied the Delaware State University’s (DSU) motion for summary judgment in a matter where six plaintiffs w
Case Law Alerts, 1st Quarter, Janu
School board does not owe duty to student to warn of dangers posed by busy roadway or when student is walking to bus stop.
A young student was struck when crossing the street to reach her bus stop.
Case Law Alerts, 1st Quarter, Janu