Kenya Major v. Cruz, 2024 Pa. Super. LEXIS 47 (February 13, 2024) (Stabile, J.). Appeal from summary judgment in favor of State Farm. Major was permissible driver of Kia Sportage that belonged to her mother, Donna Hughes-Major. Was hit from behind by Cruz. Suit filed against Cruz and State Farm, which insured the Sportage and […]
Author Archives: Rieders Travis
PROCEDURE-VENUE-MEDICAL MALPRACTICE
Mazzuca v. Abreu, 2024 Pa. Super. LEXIS 45 (February 12, 2024) (Stevens, P.J.E.). In appellant’s affidavit that she served Dr. Abreu in Philadelphia County provides support for her choice of venue. Appellees, as the moving parties, have the burden of proving that a change of venue is necessary. As the trial court erred in determining […]
CONSTITUTIONAL LAW-UNREASONABLE POLICE FORCE- ADA
ADA Anglemeyer v. Ammons, 2024 U.S. App. LEXIS 2828, 2024 WL 464016 (3rd Cir. February 7, 2024) (Porter, C.J.). Policing can be rough business. But the Constitution requires police to use reasonable restraint, even when force may be necessary. Here, four family members who were not suspected of any wrongdoing suffered injuries at the hands […]
MARITIME LAW-NEGLIGENCE COAST GUARD RESCUE
Wolfe v. Avena (In re Avena), 2024 U.S. App. LEXIS 2670, 2024 WL 442071 (3d Cir. February 6, 2024) (Porter, C.J.). Adrian Avena and Aaron Greenberg were fishing off the coast of New Jersey when their boat partially capsized. Tragically, Greenberg drowned before the U.S. Coast Guard or others arrived to their rescue. Greenberg’s estate […]
ARBITRATION-EMPLOYMENT-PERSONAL INJURY ACTION
McCrossin v. Comcast Spectacor, LLC, 2024 Pa. Super. LEXIS 33 (February 6, 2024) (Colins, J.). Appellants, Comcast Spectacor, LLC (Comcast Spectacor) and FPS Rink, L.P. (FPS) (collectively, Defendants), appeal an order of the Court of Common Pleas of Philadelphia County (trial court) overruling their preliminary objections seeking arbitration in a personal injury action brought by […]
PROCEDURE-VENUE-FORUM NON CONVENIENS
James v. Wal-Mart Distrib. Ctr. , 2024 Pa. Super. LEXIS 31, 2024 WL 389020 (February 2, 2024) (Dubow, J.). Appellant Elaine James seeks review of an order transferring venue of a slip and fall case in Philadelphia, Lehigh County, based on forum non conveniens. The court reversed. Ms. James was working for a contractor at […]
CONSTITUTIONAL LAW-FIRST AMENDMENT-MASKING POLICY
Falcone v. Dickstein, 2024 U.S. App. LEXIS 2522 (3rd Cir. February 25, 2024) (Ambro, J.). In the wake of the COVID-19 pandemic, federal, state, and local governments scrambled to implement policies to control the spread of the disease. These measures—which included mandates to wear face masks in public indoor spaces such as schools, businesses, and […]
PROCEDURE-CONSOLIDATION-EMPLOYER IN LITIGATION
Austin v. Lehigh & Northampton Transp. Auth., 2024 Pa. Commw. LEXIS 36, 2024 WL 270406 (January 25, 2024) (Jubelirer, P.J.). Rodney Austin (Austin) appeals from the Court of Common Pleas of Lehigh County’s (trial court) entry of judgment against him. Austin and his wife, Kimberly Moser, sued the Lehigh and Northampton Transportation Authority (LANTA) and […]
ABORTION-CONSTITUTIONALITY
Allegheny Reprod. Health Ctr. v. Pa. Dep’t of Hum. Servs., 2024 Pa. LEXIS 118 (Jan. 29, 2024) (Donohue, J.). Supreme Court, in a lengthy opinion, overrules Commonwealth Court’s grant of preliminary objections. The court overruled the Fisher case, holding relative to Article I, Section 26. With the benefit of an Edmunds analysis, it becomes clear […]
FINANCIAL RESPONSIBILITY LAW
Rush v. Erie Ins. Exch., 2024 Pa. LEXIS 123 (January 29, 2024) (Donohue, J.). This appeal requires the Court to determine whether a “regular use” exclusion contained in a motor vehicle insurance policy violates the express language of the Motor Vehicle Financial Responsibility Law (“MVFRL”). We hold that as presented in this case, the “regular […]