Partial dismissal granted under Fed. R Civ.P 12(b)(6) for failure to pled a feasible alternative design.
The plaintiff sued for injuries she claimed she suffered while riding a roller coaster. Case Law Alerts
Summary judgment granted on claim of ordinary negligence for failure to prevent loose object from striking patron on a roller coaster.
The plaintiff sued after being blinded in one eye by a cell phone that “became unsecured” from another patron on a roller coaster. Case Law Alerts
Summary judgment affirmed for water park as no duty to patron to assist in getting on lazy river inner tube.
The Pennsylvania Superior Court affirmed the trial court’s findings based on the plaintiff’s inadequacy in demonstrating a question of fact. Case Law Alerts
No unlawful practice of dentistry as defendant did not control clinical treatment to patients or dentists with whom it contracted.
On appeal, the court found that the defendant could not have unlawfully practiced dentistry because it did not control clinical treatment to patients or dentists, who it contracted with. Case Law Alerts
Defective service will not result in dismissal of action if there are no facts to show an intention to stall the judicial machinery and no resulting prejudice.
While the plaintiff was a guest at a hotel/water park, she was assaulted by defendants Perez and Griffin. The police responded, and Perez and Griffin supplied their address to the police. Case Law Alerts
Supreme Court of Pennsylvania adopted “notice inquiry” approach to discovery rule when deciding whether applicable statute of limitations period was tolled.
The plaintiff and her family were members of St. Leo, a parish located within the Altoona-Johnstown Diocese, and the plaintiff attended the affiliated Catholic school. From 1974 to 1981, a priest assigned to St. Case Law Alerts
The Twombly/Iqbal plausibility standard applies to maritime complaint seeking exoneration from or limitation of liability pursuant to 46 U.S.C. § 30511 et seq.
The United States Court of Appeals for the Second Circuit held that the district court correctly applied the plausibility standard of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. Case Law Alerts
Court of Appeal again affirms: Past medical bills paid in full satisfaction by Medicare are inadmissible. Certifies question to FL Supreme Court: Are past medical expenses barred as evidence of Medicare benefits for jury’s consideration?
Margaret Volin sued Gulfstream Park Racing and Casino for negligence after falling on the property and breaking her hip. Case Law Alerts
In applying Pennsylvania law, federal district court held that property owner does not owe duty to business invitee if actual or constructive notice of dangerous condition was not established.
The plaintiff, a business invitee, slipped and fell on a “slime” substance located on the floor of a Walmart. In their motion for summary judgment, the defendant argued they did not have actual or constructive notice of the spill. Case Law Alerts
Failure to present corroborative evidence to establish existence of hazardous condition, unsupported and conclusory allegations are insufficient to overcome and defeat motion for summary judgment.
The plaintiff, a business invitee, claimed that a raised and unsecured portion of the carpet in his hotel suite caused him to trip and fall. Case Law Alerts