McHenry v. Goodyear Tire & Rubber Co., 2023 Pa. Commw. LEXIS 191 (November 14, 2023) (Dumas, J.). The Goodyear Tire and Rubber Company (Goodyear) appeals by permission from the order entered by the Philadelphia County Court of Common Pleas (trial court) on January 20, 2022, which denied without prejudice Goodyear’s motion to dismiss for lack […]
Author Archives: Rieders Travis
MEDICAL MALPRACTICE-THIRD PARTY LIABILITY
Ritz v. Ramsay, 2023 Pa. Super. LEXIS 540 (November 14, 2023) (Stabile, J.). Appellants, Jeffrey A. Ritz, as executor of the estate of Joseph H. Cummins (the “Decedent”), and Jolene L. Cummins, appeal from the August 9, 2022 order sustaining the preliminary objections of Appellees RHJ Medical Center, Inc. (“RHJ”), Denise L. Shinsky, Keri A. […]
STATUTE OF LIMITATIONS-STATUTE OF REPOSE
Tibbitt v. Eagle Home Insps., LLC, 2023 Pa. Super. LEXIS 506 (October 30, 2023) (Lazarus, J.). Erin D. Tibbitt (f/k/a Erin D. Miller) appeals from the order, entered in the Court of Common Pleas of Allegheny County, dismissing all of her claims against Appellee Eagle Home Inspections, LLC (Eagle), and entering judgment on the pleadings […]
BAD FAITH-INVESTIGATION
Goldsmith v. Nationwide Ins. Co., 2023 U.S. Dist. LEXIS 197359 (November 2, 2023) (Mannion, J.). In this bad faith insurance claim case, defendant-insurer Nationwide felt Plaintiff William Goldsmith was not forthcoming with key details in its investigation into the alleged theft and arson of his car—such as when Goldsmith last saw the car or the […]
EVIDENCE-CLOSING ARGUMENT-GOLDEN RULE
Odgers v. Progressive N. Ins. Co., 2023 U.S. Dist. LEXIS 196483 (November 1, 2023) (Mariani, J.). With the Defendant’s Motion in Limine to Preclude Golden Rule Arguments, Defendant requests the Court to preclude Plaintiff, her counsel, or any representative to make reference to any of the following matters in the presence of the jury: a. […]
MEDICAL MALPRACTICE-ALTERED MEDICAL RECORDS
Hutchinson v. Verstraeten, 2023 Pa. Super. LEXIS 528, 2023 WL 7381470 (November 8, 2023) (Kunselman, J.). Brenda and Douglas Hutchinson appeal from the judgment entered on the jury’s defense verdict in favor of Dr. Thierry C. Verstraeten, M.D.; E. Ronald Salvitti, M.D., Inc.; and Allegheny Ophthalmic & Orbital Associates, P.C. (“the Eye Clinic”). The Hutchinsons […]
CONTRACTS-SALE OF REAL ESTATE-FRAUD-REAL ESTATE SELLER DISCLOSURE LAW
Hosler v. Tweedlie, 2023 Pa. Super. LEXIS 511, 2023 WL 7173062 (November 1, 2023) BEFORE: PANELLA, P.J., OLSON, J., and KUNSELMAN, J. OPINION BY OLSON, J. On August 2, 2016, Buyers filed a complaint against Sellers alleging causes of action for breach of contract, fraud, and failure to disclose pursuant to the Real Estate Seller […]
FEDERAL TORT CLAIMS ACT-MEDICAL MALPRACTICE-INDEPENDENT CONTRACTORS
Mummert v. United States, 2023 U.S. Dist. LEXIS 190216, 2023 WL 6990480 (M.D. Pa. October 23, 2023) (Rambo, J.) Under Federal Tort Claims Act, a person must be employed by the federal government to be sued. Independent contractors cannot be sued. There is no such thing as a direct negligence against the government for breach […]
PROCEDURE-FORUM NON CONVENIENS-TRANSFER TO BUTLER COUNTY-DISTANCE-DISCOVERY
Smith v. CMS West, Inc., 2023 Pa. Super. LEXIS 507 (October 30, 2023) (Stabile, J.) Distance alone can be a factor. This case was transferred from Philadelphia to Butler County, where the incident occurred. There were many witnesses, and the court found that the distance from Philadelphia to Butler County was just too far, given […]
CONSTITUTIONAL LAW-CASE IN CONTROVERSY-STANDING-FAIR DEBT COLLECTION PRACTICES ACT
Huber v. Simon’s Agency, Inc., 2023 U.S. App. LEXIS 27069 (3d Cir. October 12, 2023) (Krause, C.J.) Since it entered the scene in 1989, the informational injury doctrine of Article III standing has generated its share of confusion, and with each new case, its contours have come into sharper focus. In this case, Appellee Jamie […]
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