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Pennsylvania Negligence Law
 
Rox-Ann Feifer v. Westport Insurance Corporation

Appellant Westport Insurance Corporation (“Westport”) appeals the District Court for the Middle District of Pennsylvania’s decision declining to exercise jurisdiction over the instant case and its Order dismissing the case without prejudice and remanding it to the Court of Common Pleas of Lackawanna County, Pennsylvania. Reifer v. Westport Ins. Corp., 943 F. Supp. 2d 506, 512 (M.D. Pa. 2013)... More...   $0 (04-29-2014 - PA)

Ernesto Galarza v. Mark Szalczyk

Ernesto Galarza is a U.S. citizen who was arrested for a drug offense, posted bail, and instead of being released, was held in custody by Lehigh County under an immigration detainer issued by federal immigration officials. Three days after Galarza posted bail, immigration officials learned that he was a U.S. citizen. The detainer was withdrawn and Galarza was released. Galarza then filed this § 1... More...   $0 (03-04-2014 - PA)

The Estate of Andrea Yvonne Arrington v. John Michael, Police Officer, City of Chester

In this substantive due process action involving the murder of a young woman, Officer John Michael of the Chester, Pennsylvania, police force appeals the denial of summary judgment by the United States District Court for the

_______________

*Honorable Kermit V. Lipez, United States Court of Appeals Senior Judge for the First Circuit, sitting by designation.

3

Eastern Di... More...
   $0 (12-24-2013 - PA)

Mark and Sharon Petrosky Crowell v. St. Luke's University Hospital and Dr. Ronald Kirner

Mark and Sharon Petrosky Crowell sued St. Luke's University Hospital and Dr. Ronald Kirner on a medical negligence (medical malpractice) theory claiming that Defendants were negligent in the handling of the labor and delivery process for Matthew Crowell in November 2009 and, as a direct result, Matthew suffered brain damage.

Defendants denied that the care provided to Sharon Petrosky Crowel... More...
   $55000000 (12-28-2013 - PA)

Bernard Wallace, et al. v. PA Child Care, Western PA Child Care and Mid-Atlantic Youth Services Corpo.

Bernard Wallace and thousands of other young plaintiffs sued PA Child Care, Western PA Child Care and Mid-Atlantic Youth Services Corp. and others on negligence and intentional tort theories claiming that defendants ran what was called a "kids for cash" scheme in which children were locked away in facilities, often for minor offenses by judges who took illegal payments from the facilities' builder... More...   $2500000 (10-18-2013 - PA)

In Re: National Football League Players' Concussion Injury Litigation

Four thousand five hundred (4,500) retired NFL football players sued the National Football League and others on negligence theories claiming that they suffered neurological injuries and damages from play professional football for the various teams in the league. The Plaintiffs claimed that the defendants hid information about the dangers of head trauma from playing football.

Defendants d... More...
   $765000000 (08-29-2013 - PA)

John Doe v. Penn State University

Seven victims of Jerry Sandusky sued Penn State University on negligence theories claiming that they were sexually abused as a direct result of officers and employees of Penn State to property supervise Sandusky, who was convicted of 45 counts of abusing young boys.... More...   $1 (08-25-2013 - PA)

Ted Brown v. University of Pennsylvania

Ted Brown asserted claims on behalf of many John Does against the University of Pennsylvania on negligence theories claiming that it failed to exercise due care in the management of Jerry Sandusky and, as a direct result, Sandusky sexually assault at least 45 young boys.... More...   $60000000 (07-20-2013 - PA)

Brittany Morrow v. Barry Balaski

As is so often the case, the issues in this appeal arise from unsettling facts presented by sympathetic plaintiffs.1 We are asked to decide whether public schools have a constitutional duty to protect students from abuse inflicted by fellow students under the circumstances alleged here.

Appellants, Brittany and Emily Morrow, and their parents, Bradley and Diedre Morrow, brought this actio... More...
   $0 (06-07-2013 - PA)

Sands and John Wender v. Dr. Michael Miller

Sands and John Wender sued Dr. Michael Miller on a medical negligence (medical malpractice) wrongful deaht theory claiming the the obstetric and gynecological care provided by Dr. Miller fell below the standard of care and, as a direct result, their daughter Bethany died on October 21, 2005 after being born 19 weeks prematurely. The Plaintiff also sued Geisinger South Wilkes-Barre Women's Health f... More...   $0 (04-13-2013 - PA)

Noreen Lewis v. Central City Toyota

Dr. Noreen Lewis sued Central City Toyota on a negligence theory claiming to have been injured and/or damaged in a car wreck that occurred on Route 17 in New York on March 8, 2008 when a ball joint on a van that she had rented failed causing her to lose control of the vehicle which rolled down a ravine. Dr. Lewis claimed that she suffered debilitating nerve damage to her left arm, neck and back.... More...   $15700000 (03-22-2013 - PA)

Randy Martin Mulholland v. The Government County of Berks

Appellants Randy Mulholland and Christine Kurtz appeal a decision of the United States District Court for the Eastern District of Pennsylvania rendered during trial, granting judgment as a matter of law against them on the claims they brought under 42 U.S.C. § 1983 against Berks County, Pennsylvania.1 For the following reasons, we will affirm.

I. Background2

A. The July 1996 Inciden... More...
   $0 (01-30-2013 - PA)

Randy Martin Mulholland v. The Government County of Berks, Pennsylvania

Appellants Randy Mulholland and Christine Kurtz appeal a decision of the United States District Court for the Eastern District of Pennsylvania rendered during trial, granting judgment as a matter of law against them on the claims they brought under 42 U.S.C. § 1983 against Berks County, Pennsylvania.1 For the following reasons, we will affirm.

I. Background2

A. The July 1996 Inc... More...
   $0 (01-28-2013 - PA)

Robert Zimmerman v. Norfolk Southern Corporation

Robert Zimmerman was riding his motorcycle on a summer evening in 2008. He approached a railroad crossing, but it was dark and a building obscured the tracks. When he was less than seventy-six feet away, he noticed that a train was approaching. He tried to stop, but his front brake locked and he flew over the handlebars, colliding headfirst with a locomotive. The collision left him partially paral... More...   $0 (01-24-2013 - PA)

B.S. v. Somerset County

Appellant B.S. (“Mother”) is the natural mother of M.N. (“Daughter”), a minor child. Mother had primary legal custody of Daughter until Daughter was removed from Mother’s care in accordance with a court order that transferred custody to the child’s natural father, E.N. (“Father”). Mother claims that Somerset County (the “County”), along with Somerset County Children and YouthMore...   $0 (01-11-2013 - PA)

Family and Estate of Sherrie Ann Burkhardt v. York Hospital

The Family and Estate of Sherrie Ann Burkhardt sued York Hospital, Dr. Daniel Motter, Dr. John Bobin and Cardiac Diagnostic Associates on medical negligence (medical malpractice) claiming that Ms. Burkhardt, age 53, died as a direct result of substandard care provided to her post surgically from internal bleeding on December 17, 2007. Ms. Burkardt was admitted to the hospital with an admitting d... More...   $6000000 (09-22-2012 - PA)

Theresa Michels v. Dr. Myron D. Haas

Theresa Michels and Nick Michels sued Dr. Myron D. Haas and Orthopedic Associates of Pottsville, Inc. on medical negligence (medical malpractice) and respondeat superior theories claiming to have been injured and damaged as a result of substandard care provided to her by Dr. Haas. She claimed that the cast he put on her broken left writs was too tight and, as a direct result, she developed reflex ... More...   $0 (09-15-2012 - PA)

Benjamin A. Post, Esquire v. St. Paul Travelers Insurance Company

Before us are an appeal and a cross-appeal arising from an action brought by attorney Benjamin Post (“Post”) against his legal malpractice insurer, St. Paul Travelers Insurance Company (“Travelers”), for, among other things, insurance bad faith and breach of contract. The District Court granted summary judgment in favor of Travelers on the bad faith claim, the order from which Post now app... More...   $0 (07-31-2012 - PA)

Family and Estate of Derrick Harlem v. Robert M. McNamara

Family and Estate of Derrick Harlem used Doctors Robert M. McNamara, M.D. and Marsha W. Edwards, M.D. and Temple University Hospital on medical negligence theories claiming that Mr. Harlem, age 38, failed to properly diagnose and treat his physical complaints and, as a direct result, he died after suffering a massive heart attack. On May 31, 2009, Harlem passed out while playing basketball and was... More...   $6400000 (06-01-2012 - PA)

Paulette Cassel-Hess v. Norman K. Hoffer

Appellant, Paulette Cassel-Hess, appeals from the order entered on March 29, 2011, granting summary judgment to Norman K. Hoffer and Matthew D. Hoffer, d/b/a 4507 Associates (collectively “Appellees”). We affirm in part, vacate in part, and remand.

On October 9, 2009, Appellant instituted the current action by filing a complaint against Appellees. As averred within the complaint, Appell... More...
   $0 (05-07-2012 - PA)

Steven Nicholson and Victoria Upsey v. Charles V. Touey

Steven Nicholson and Victoria Upsey, individually and as parents and next friends of Parrys Nicholson-Upsey sued Dr. Charles V. Touey on a medical negligence theory (medical malpractice) claiming that Defendant provided substandard care to them and their daughter in August 2008 when Victoria went to Pottstown Memorial Medical Center with complaints of abdominal pain during the end stage of her pre... More...   $78500000 (05-11-2012 - PA)

Jeffrey K. Beard v. Johnson and Johnson, Inc.

This appeal arises out of a medical-device product liability action in which a strictliability, design-defect theory was asserted. Given that the surgical instrument in issue is said to have multiple applications, we are asked to determine whether a trial court’s threshold risk-utility analysis should be limited to the particular one alleged to have caused the plaintiff harm. Additionally, appea... More...   $0 (03-31-2012 - PA)

John Doe v. PPL Electric Utilities Corporation

John Doe, a Berks County painter sued PPL Electric Utilities Corporation on a negligence theory claiming that he was injured when he fell from an electric transmission tower.... More...   $1150000 (03-25-2012 - PA)

Jane Doe v. Albert Gallatin Area School District

Jane Doe sued Albert Gallatin Area School District on a negligence theory claiming that it failed to exercise due care when it failed to protect her from Donald James Rosie and, as a direct result, Rosie, age 61, had sex with her when she was a 16-years-old student at the school. Plaintiff claimed that the School District failed to properly investigate claims of sexual harassment against Rosie and... More...   $300000 (02-25-2012 - PA)

Lic Canot v. City of Easton

Lic and Kemely Canot (Canots) appeal from an order of the Court of Common Pleas of Northampton County (trial court), dated March 10, 2011. The trial court granted the City of Easton’s (City) motion for summary judgment and denied the Canots’ motion for partial summary judgment, determining that the City was entitled to immunity from civil liability pursuant to the exclusivity provisions of the... More...   $0 (02-09-2012 - PA)

Brian W. Gaverick v. Dr. Robert M. Kimmel

Brian W. Gaverick sued Dr. Robert M. Kimmel on a medical negligence (medical malpractice) theory claiming to have been seriously harmed by the improper performance of an implant operation on his calf in 2002. He claimed that the Defendant did not have informed consent from him to perform the operation.

Gaverick wanted the calf implants in order to improve his business and body building com... More...
   $1500000 (01-20-2012 - PA)

Brenda Jones v. Nationwide Property and Casualty Insurance Company

We granted review in this case to consider an issue of first impression regarding the legality of an insurance company’s practice of reimbursing, on a pro rata basis only, an insured’s deductible from funds obtained in an insurer’s subrogation action against a third-party tortfeasor. The insured argues that this practice violates the common law “made whole doctrine.” As discussed in more... More...   $0 (12-21-2011 - PA)

Richard Sodders v. Christopher T. Fry

Police Officer Christopher T. Fry (Officer Fry), Ohioville Borough, and the Ohioville Borough Police Department (collectively, Borough) appeal an order of the Court of Common Pleas of Beaver County (trial court) granting Richard Sodders (Sodders) a new trial because the trial court did not specifically instruct the jury on negligence per se as to both Officer Fry and Sodders even though both parti... More...   $0 (12-09-2011 - PA)

Paula (Livingston) Gresik v. PA Partners, L.P>

This case involves whether the Superior Court properly interpreted and applied Section 385 of the Second Restatement of Torts, which relates to the liability of a contractor or employee who creates a dangerous condition on land on behalf of the land’s possessor.

According to the plaintiffs’ allegations, between 1983 and 1988, Appellee, PA Partners, L.P., possessed and operated a steel p... More...
   $0 (12-01-2011 - PA)

US Airways, Inc. v. James E. McCutchen

After Appellant James McCutchen suffered a serious automobile accident, a benefit plan administered by US Airways paid $66,866 for his medical expenses. McCutchen then recovered $110,000 from third parties, with the assistance of counsel. Then US Airways, which had not sought to enforce its subrogation rights, demanded reimbursement of the entire $66,866 it had paid without allowance for McCutchen... More...   $0 (11-16-2011 - PA)

Nicole Walthour v. Commonwealth of Pennsylvania

Nicole Walthour (Appellant) appeals from the Order of the Court of Common Pleas of Allegheny County (trial court), which granted the Motion for Summary Judgment (Motion) of the Commonwealth of Pennsylvania, Department of Transportation (the Department) and dismissed Appellant‟s Complaint with prejudice. Appellant now appeals to this Court, arguing that the trial court erred in granting summary j... More...   $0 (11-17-2011 - PA)

Justin E. Focht v. Tracy L. Focht

In this case, we interpret a provision of the Pennsylvania Divorce Code1 to establish when a cause of action in negligence accrues for purposes of determining whether the settlement proceeds are marital property. Because the Superior Court erred in its interpretation of the relevant statutory provision, we reverse. On April 1, 1999, Justin E. Focht (hereinafter “Appellee”) sustained a serious ... More...   $0 (11-23-2011 - PA)

Dawn A. Pyeritz v. Commonwealth of Pennsylvania

In this case, Appellants sued Appellees based on the destruction of personal property, to wit, a black nylon tree stand safety harness, or belt, that allegedly was crucial evidence in a separate civil action. The Pennsylvania State Police (“State Police”) had seized this item during a criminal investigation of a suspicious death. A state trooper had agreed to retain the belt in the custody of ... More...   $0 (11-23-2011 - PA)

US Airways INC v. James McCutchen

After Appellant James McCutchen suffered a serious automobile accident, a benefit plan administered by US Airways paid $66,866 for his medical expenses. McCutchen then recovered $110,000 from third parties, with the assistance of counsel. Then US Airways, which had not sought to enforce its subrogation rights, demanded reimbursement of the entire $66,866 it had paid without allowance for McCutche... More...   $0 (11-18-2011 - PA)

John P. Belsak v. Estate of Raymond P. Kleckner

John P. Belsak sued the Estate of Raymond P. Kleckner on an auto negligence theory claiming to have been injured in an accident that occurred in Schuylkill County, Pennsylvania on September 28, 2002 when the car driven by KLeckner hit Plaintiff's right knee.

Defendant denied that the accident ever happened. ... More...
   $0 (10-21-2011 - PA)

Elizabeth Liggon-Redding v. Estate of Robert Sugarman

This appeal presents two questions: first, whether Pennsylvania Rule of Civil Procedure 1042.3, requiring the filing of a Certificate of Merit in malpractice cases, is substantive law that federal courts must apply under Erie v. Tompkins, 304 U.S. 64 (1938); and second, if the rule is substantive state law, did the Appellant comply? We answer both questions in the affirmative and will, as a result... More...   $0 (10-04-2011 - PA)

AMICA Mutual Insurance Company v. Edward Fogel

The principal issue in this case is whether New Jersey or Pennsylvania law applies to an automobile insurance dispute between Amica Mutual Insurance Company (“Amica”) and Edward and Maureen Fogel, individually and as guardians ad litem of Marcy Fogel and Carrie Fogel, and as administrators of the estate of Melissa Fogel (collectively, the “Fogels”). Amica issued the policy to the Fogels w... More...   $0 (09-08-2011 - PA)

Glenn Gates v. Rohm and Haas Company

This is an interlocutory appeal under Fed. R. Civ. P. 23(f) from the denial of class certification for medical monitoring and property damage. Plaintiffs aver chemical companies dumped an alleged carcinogen at an industrial complex near their residences. The District Court found individual issues predominated on exposure, causation, and the need for medical monitoring and also found individual iss... More...   $0 (08-25-2011 - PA)

Family and Estate of Gregory S. Volutza v. Dr. Doald J. McBryan, Jr.

The family and estate of Gregory S. Volutza sued Dr. Doald J. McBryan, Jr. and Berks Internal Medicine on medical negligence (medical malpractice) and respondeat superior theories claiming that Mr. Volutz, age 37, died of a heart attack at work on January 24, 2003 as a result of Dr. McBryan's failure to property diagnose and treat his condition. McBryan examined Volutz four days before his death ... More...   $5200000 (08-20-2011 - PA)

Nicole Schneyder v. Gina Smith

The Fourth Amendment guarantees the right of the people to be secure against unreasonable searches and seizures. This case is about a seizure and presents questions of whether and how the Constitution’s guarantee applies in the case of a material witness who was jailed for weeks on end, even though the date of the trial in which she was to testify had been pushed back several months. We hold tha... More...   $0 (07-29-2011 - PA)

 
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