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Tag: damages

Tag: damages

DAMAGES-PUNITIVE-AUTO ACCIDENT

Posted on February 4, 2025 - 7:35 am by

Janes v. Charles, 2025 Pa. Dist. & Cnty. Dec. LEXIS 4 (Lackawanna Cty. Ct. of Common Pleas, January 28, 2025) (Nealon J.) This case lays out the law pleading in respect to punitive damages. The “material facts” standard in Rule 1019(a) is confined to a “cause of action or defense” as opposed to a demand […]

MEDICAL MALPRACTICE-DAMAGES-ZERO DAMAGE AWARD

Posted on January 16, 2025 - 8:52 am by

Derbyshire v. Jefferson Frankford Hosp., 2024 Pa. Super. LEXIS 553 (PA Superior Ct., December 20, 2024)(Stabile, J.) OPINION BY STABILE, J.: Appellant, Carol Derbyshire f/k/a Prosper, appeals from a judgment entered against her and in favor of Appellee Aria Health1 in this personal injury action. Prior to trial, a motions judge struck Appellee’s answer to […]

DAMAGES-PHARMACEUTICALS-LACK OF INJURY

Posted on December 12, 2024 - 8:40 am by

Huertas v. Bayer USA, LLC, No. 23-2178 (3d.Cir., November 1, 2024)(Chung, J.) CHUNG, Circuit Judge Bayer U.S. LLC (“Bayer”) is a pharmaceutical company that sells a variety of healthcare products, including the antifungal Lotrimin and Tinactin spray products at issue in this litigation. Lotrimin and Tinactin are used to treat skin infections, such as athlete’s […]

LIQUOR CONTROL BOARD-“PERSON”-JUDICIAL CODE PROCEDURE- “PERSON’-JUDICIAL CODE-LIQUOR CONTROL BOARD

Posted on July 15, 2024 - 3:58 pm by

MFW Wine Co., LLC v. Pa. Liquor Control Bd., LEXIS 973 (Pa. Super. July 2, 2024) (Donohue, J.) MFW Wine Co., LLC v. Pa. Liquor Control Bd., Superior Court of Pennsylvania decided July 2, 2024. JUSTICE DONOHUE In this appeal, we consider whether the Pennsylvania Liquor Control Board (“PLCB”) is a “person” within the meaning […]

DAMAGES-PAIN AND SUFFERING

Posted on July 25, 2022 - 4:49 pm by

Hamm v. Perano, PA No. 20-00598 (C.P. Lycoming June 22, 2022) (Linhardt, J.)  Plaintiff commenced this action on June 9, 2020 by filing a Complaint. Plaintiff alleges that on May 23, 2019, while performing yardwork at the mobile home lot she rented from Defendants, she fell through an unsecured manhole cover, causing her to sustain […]