In re Jones, 2023 Pa. Super. LEXIS 471, 2023 WL 6774247 (October 13, 2023) (Stevens, P.J.E.) SuttonPark Structured Settlements LLC (“SuttonPark”) appeals from the order entered in the Court of Common Pleas of Luzerne County, which granted the petition of Frank Jones (“Jones”) to vacate a transfer order entered under Pennsylvania’s Structured Settlement Protection Act […]
Category Archives: Summary Court Opinions
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UIM COVERAGE-SIGN-DOWN
Hoshauer v. State Farm Ins., 2023 U.S. Dist. LEXIS 177474, 2023 WL 6323081 (September 28, 2023) (Gallagher, J.) When an additional vehicle is added to an existing policy with lower uninsured/underinsurance limits, then bodily injury limits by someone with ample opportunity to alter the coverage under the policy, having received ongoing notice of the amount […]
PROCEDURE-SERVICE OF PROCESS-TIMELY SERVICE
Chappell v. Powell, 2023 Pa. Super. LEXIS 440, 2023 WL 6325000 (September 29, 2023) (Lazarus, J.) Nichole S. Chappell appeals from the order, entered in the Court of Common Pleas of Blair County, sustaining Appellee Hannah M. Powell’s preliminary objections and dismissing Chappell’s complaint for failing to make good faith efforts to serve Powell. After […]
FAIR CREDIT REPORTING ACT-DIRECT VERSUS INDIRECT DISPUTE
Ingram v. Experian Info. Sols., Inc., 2023 U.S. App. LEXIS 25991 (3d Cir. October 2, 2023) (Restrepo, C.J.) Appellant Stefan Ingram was simply trying to clear his credit report of an account that was falsely created in his name. The Fair Credit Reporting Act (“FCRA”) provides consumers two ways to accomplish this; the first is […]
INSURANCE-FINANCIAL RESPONSIBILITY LAW-UNDERINSURANCE-STACKING-WAIVER OF STACKING
O’Boyle v. Progressive Preferred Ins. Co., 2023 U.S. Dist. LEXIS 164990 (E.D. Pa. September 18, 2023) (Baylson, J.) Defendant Progressive Preferred Insurance Co. (“Progressive”) seeks summary judgment in this case arising from a dispute over insurance coverage. ECF No. 40. As discussed in more detail below, there do not appear to be any disputes about […]
STATUTE OF LIMITATIONS-STATUTE OF REPOSE-CONSTRUCTION
Johnson v. Toll Bros., 2023 Pa. Super. LEXIS 410 (September 19, 2023) (Pellegrini, J.) In this construction defect case, Lee R. Johnson, Jr. and Victoria H. Johnson, H/W (the Johnsons) appeal an order of the Court of Common Pleas of Chester County (trial court) granting summary judgment in favor of Toll Brothers, Inc., Toll Bros., […]
MEDICAL MALPRACTICE-NEGLIGENCE
Sinoracki v. Children’s Serv. Ctr. of Wyo. Valley, 2023 Pa. Super. LEXIS 411 (September 19, 2023) (Murray, J.) At a young age, Z.H. was diagnosed with an inoperable arteriovenous malformation (“AVM”) in the left occipital region of his brain. An AVM is an abnormal tangle of arteries and veins that can develop in the brain […]
STATUTE OF LIMITATIONS-TRANSFER FROM FEDERAL COURT
Quiah v. Devereux Found., Inc., 2023 Pa. Commw. LEXIS 145, 2023 WL 6051290 (September 18, 2023) (Leadbetter, S.J.) Alberta Quiah, Plaintiff, appeals from the Court of Common Pleas of Chester County’s grant of preliminary objections to her amended complaint against the Devereux Foundation—her former employer—and James Sesher, a detective in the Easttown Township Police Department […]
NEGLIGENCE-MOTOR VEHICLES-PEDESTRIAN
Moffitt v. Miller, 2023 Pa. Super. LEXIS 408, 2023 WL 6053027 (September 18, 2023) (Pellegrini, J.) Colleen Moffitt (Moffitt) appeals from the judgment entered in the Court of Common Pleas of Chester County (trial court) following a jury trial in this personal injury action filed against Chris Miller (Miller) arising from a motor vehicle accident. […]
MEDICAL MALPRACTICE-MCARE ACT-WHISTLEBLOWER IDENTIFICATION
Betz v. UPMC Pinnacle W. Shore Hosp., 2023 Pa. Super. LEXIS 401, 2023 WL 5965065 (September 14, 2023) (Bowes, J.) UPMC Pinnacle West Shore Hospital (“the Hospital”) appeals from the order that granted the motion of Jane Betz (“Plaintiff”), directing the Hospital to take reasonable efforts to identify the author of an anonymous report concerning […]