EVIDENCE-DEAD MAN’S STATUTE-NEGLIGENCE CASE

April 5th, 2017 by Rieders Travis in Evidence

Davis v. Byron Wright, 2017 Pa. Super. LEXIS 130; 2017 PA Super. 48 (February 27, 2017) Stevens, P.J.E. The lower court properly ruled as a matter of law that there was no waiver of the protection of the Dead Man’s Statute.  Therefore, surviving adverse parties were not competent to testify at trial regarding the circumstances surrounding the motor vehicle accident in question.  Appellant’s own testimony is barred under the Dead Man’s Statute.  They have not set forth other competent evidence of fault in support of the negligence claims.  Accordingly, the trial court properly determined there were no genuine issues of material fact.  Appellants failed to produce evidence to establish a prima facie case of negligence.  Therefore, appellee was entitled to entry of summary judgment.

Attorney Cliff Rieders

Attorney Cliff RiedersCliff Rieders is a Nationally Board Certified Trial Lawyer practicing personal injury law. A large part of his practice involves multi-district litigation, including cases related to pharmaceuticals, vitamin supplements and medical devices. He is admitted in several state and federal courts, as well as the Supreme Court of the United States. Rieders is the past regional president of the Federal Bar Association and is a life member of the distinguished American Law Institute, which promulgates proposed rules adopted by many state courts. He is a past president of the Pennsylvania Association for Justice, formerly Pennsylvania Trial Lawyers Association. As a founder of the Pennsylvania Patient Safety Authority, he served on the Board for 15 years.

Not only has Rieders held many highly esteemed, leadership positions, he authored legislation related to the Patient Safety Authority and the Mcare Act, which governs medical and hospital liability actions in Pennsylvania. He authored texts upon which both practitioners and judges rely, including Pennsylvania Malpractice Laws and Forms, and Financial Responsibility Law Issues in Pennsylvania, the latter governing auto and truck collisions in Pennsylvania. In addition, he wrote several books on the practice of law in Pennsylvania regarding wrongful death and survivor actions, insurance bad faith, legal malpractice claims and worker rights, among others. Rieders also serves as a resource to practitioners as a regular speaker for Celesq, an arm of the world’s largest legal publisher, Thomson Reuters West Publishing.

As recognition of his wide range of contribution to his profession and of his dedication to protecting the rights of his clients, he received numerous awards, among them the George F. Douglas Amicus Curiae Award, the Milton D. Rosenberg Award, the B’nai B’rith Justice Award, and awards of recognition from the Pennsylvania Trial Lawyers. [ Attorney Bio ]

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