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Category: Summary Court Opinions

Category Archives: Summary Court Opinions

INSURANCE – FINANCIAL RESPONSIBILITY LAW – UNDERINSURANCE – SIGN-DOWN – POLICY RENEWAL

Posted on October 24, 2025 - 1:09 pm by

Davis v. Nationwide Mut. Ins. Co., 2025 U.S. Dist. LEXIS 178235 (September 10, 2025) Munley, J. Opinion by United States District Judge, Julia K. Munley. Plaintiffs Brian Davis and Susan Davis bring this declaratory judgment action against Defendant Nationwide Mutual Insurance Company (“Nationwide”), disputing the total amount of UIM coverage available under their policy. Before […]

SOVEREIGN IMMUNITY – POLITICAL SUBDIVISION TORT CLAIMS ACT – EXCEPTIONS – GYM CLASS WEIGHT ROOM

Posted on October 24, 2025 - 1:03 pm by

Faucon v. Parkland Area Sch. Dist., 2025 Pa. Commw. LEXIS 179 (October 21, 2025) McCullough, J. OPINION BY JUDGE McCULLOUGH Jamie A. Faucon, as parent and natural guardian of Callie Faucon, a minor (Student), and in her own right (together, Appellant), appeals from the September 11, 2024, order of the Court of Common Pleas of […]

ARBITRATION – PROCEDURE – OBJECTIONS – EVIDENTIARY MATERIAL – PLEADING

Posted on October 22, 2025 - 3:15 pm by

O’Shea v. Loyalsock Rehab. Ctr., LLC., 2025 Pa. Dist. & Cnty. Dec. LEXIS 57 (July 12, 2025) NO. 2023-01142 Second, Defendants’ demand for arbitration is untimely. Defendants’ demand for arbitration was not asserted through the first two sets of Preliminary Objections and was not raised until the parties had engaged in many months of discovery. […]

PROCEDURE – PLEADING – SPECIFICITY – MED MALPRACTICE – CORPORATE LIABILITY – AGENCY – REGULATIONS

Posted on October 22, 2025 - 2:40 pm by

Dawes vs. The Williamsport Home (June 6, 2025) Carlucci, J. NO. 2025-00381 Plaintiffs’ Complaint, filed March 19, 2025, is 85 paragraphs long, and asserts claims in four (4) counts. The gravamen of Plaintiffs’ claim is that Ronald Dawes received negligent care from the Defendant regarding his thoracic surgical wound. At Count I, Plaintiffs assert a […]

MEDICAL MALPRACTICE – PROCEDURE – TRIAL ISSUES – EVIDENCE – LEARNED TREATISE – TREATING PHYSICIAN

Posted on October 22, 2025 - 2:23 pm by

Outterbridge v. Abington Mem’l Hosp., 2025 Phila. Ct. Com. Pl. LEXIS 4 (September 12, 2024) Foglietta, J. Opinion by Judge Angelo J. Foglietta. This is the appeal of Plaintiff Darren Outterbridge, individually and as administrator of the estate of Yhvetta P. Outterbridge, following a jury’s determination that Defendants Abington Memorial Hospital, Suzanne Shorten, M.D., Kenneth […]

VENUE – FORUM NON CONVENIENS – MULTI-VEHICLE COLLISION

Posted on October 21, 2025 - 4:21 pm by

Tranter v. Z&D Tour, Inc., 2025 Pa. LEXIS 1522 (September 25, 2025) Wecht. J. Judges: Todd, C.J., Donohue, Dougherty, Wecht, Mundy, Brobson, McCaffery, JJ. Chief Justice Todd and Justices Donohue, Doughtery, Brobson, and McCaffery join the opinion. Justice Mundy files a concurring opinion in which Justice McCaffery joins. OPINION by JUSTICE WECHT: These consolidated appeals […]

PROCEDURE – JURISDICTION – LEGAL MALPRACTICE

Posted on October 13, 2025 - 1:22 pm by

Dumond, Inc. v. Galgano, 2025 Pa. Super. LEXIS 429 (September 19, 2025) Lazarus, P.J. Judges: BEFORE: LAZARUS, P.J., McLAUGHLIN, J., and SULLIVAN, J. OPINION BY LAZARUS, P.J. Dumond, Inc., and Dumond Chemicals, Inc. (collectively, Dumond), appeal from the order, entered in the Court of Common Pleas of Philadelphia County, granting the preliminary objections filed by […]

INSURANCE – FINANCIAL RESPONSIBILITY LAW – FORUM SELECTION CLAUSE – PROCEDURE – JURISDICTION

Posted on October 13, 2025 - 1:01 pm by

Winner v. Progressive Advanced Ins. Co., 2025 Pa. Super. LEXIS 442 (September 24, 2025) Panella, P.J.E. Judges: BEFORE: PANELLA, P.J.E., NICHOLS, J., and FORD ELLIOTT, P.J.E.* OPINION BY PANELLA, P.J.E. Robert Mark Winner appeals from the order entered by the Philadelphia County Court of Common Pleas on August 14, 2024, sustaining preliminary objections filed by […]