Changing Lives Through Powerful Legal Guidance
Laura L. Maas v. Presbyterian, 2018 Pa. Super. LEXIS 752 (June 29, 2018) Bowes, J. The facts giving rise to this cause of action are as follows. On May 29, 2008, Terrence Andrews attacked and killed Lisa Maas, a neighbor who lived four doors away in his Oakland apartment building. Mr. Andrews had a long history of mental illness. He…
Dean v. Bowling Green Brandywine, 2018 Pa. Super. LEXIS 762 (July 2, 2018) Panella, J. The Act applies to voluntary inpatient treatment of mentally ill persons. The Act does not define the term “mentally ill person.” Andrew Johnson was 23 when he voluntarily applied for admission to Bowling Green Brandywine Treatment Center. He was suffering from an addiction to opiates…
Mulberry Square Elder Care and Rehabilitation Center v. Department of Human Services, 2018 Pa. Cmwlth. LEXIS 352 (July 26, 2018) Simpson, J. Mulberry Square Elder Care and Rehabilitation Center (Nursing Facility) petitions for review from an order of the Secretary of the Department of Human Services (Department). The Secretary affirmed the Bureau of Hearings and Appeals’ (BHA) order adopting the…
GAS DRILLING-FRACKING-INTERSTATE COMPACT- Wayne Land and Mineral Group v. Delaware River Basin Commission, No. 17-1800 (3d Cir. July 3, 2018) Jordan, C.J. Wayne Land and Mineral Group, LLC, a company that wants to obtain natural gas by fracking reserves in Pennsylvania,1 appeals from the dismissal of its complaint for failure to state a claim. Wayne sought a ruling in the…
Whitmoyer v. Workers’ Compensation Appeal Board, 2018 Pa. LEXIS 2995 (June 19, 2018) Donohue, J.The Pennsylvania Workers’ Compensation Act (“WCA”) makes an employer liable for paying the disability benefits and medical expenses of an employee who sustains an injury in the course of his or her employment. See 77 P.S. §§ 431 (disability), 531 (medical). This liability attaches without regard…
Setting off fireworks can be fun and exciting, but it can also be dangerous, and a new Pennsylvania law that went into effect October 30, 2017, makes it even more so. The law broadened the legal use of fireworks and slapped a new 12 percent tax on those purchases. The tax will help plug the budget deficit and provide grants…
Long Term Exposure to Pesticides and the Death of Golf Course Groundskeeper for 40 Years Walsh v. BASF Corporation, 2018 Pa. Super. LEXIS 686 (June 20, 2018) Bowes, J. Richard Thomas Walsh, Executor of the Estate of Thomas J. Walsh, Deceased, appeals from the October 14, 2016 order granting summary judgment in favor of Appellees, and challenges the propriety of…
Pennsylvania is cracking down on anyone caught driving while distracted, and the number of distracted driving citations is climbing. Ticketed drivers pay a $50 fine plus $90 for court costs. According to the Administrative Office of Pennsylvania Courts, citations increased by 52 percent statewide in 2017 and 172 percent since 2013. The heightened emphasis on distracted driving is for good…
Gintoff v. Thomas, et al., No. 16 CV 2155 (C.P. Lackawanna May 4, 2018) Nealon, J. In this medical professional liability action alleging negligent prescription and monitoring of anticoagulation therapy that caused a right occipital hemorrhage which warranted an emergency craniotomy and resulted in permanent harm, the defendant-hospital has filed a motion for summary judgment seeking to dismiss plaintiffs’ claims…
Krieger v. Bank of America, N.A., No. 17-1275 (3d Cir. May 16, 2018) Krause, C.J. The same day Appellant William Krieger fell victim to a credit card scam and discovered a fraudulent $657 charge on his bill, he protested to his card issuer, Bank of America (BANA), 1 and was told both that the charge would be removed and that,…