Goodell v. Stroble, Pa. No. 22-00906 (C.P. Lycoming July 20, 2023) (Carlucci, J.) This matter came before the Court on July 20, 2023, for oral argument on Plaintiffs’ Motion for Summary Judgment. Attached to the Motion is the transcript of the deposition of Defendant, conducted on February 21, 2023. The facts of this matter are […]
Tag: negligence
NEGLIGENCE-VISIBLE INTOXICATION
Klar v. Dairy Farmers of Am., 2023 Pa. LEXIS 1112, 2023 WL 5354105 (S. Ct. August 22, 2023) (Wecht, J.) In Pennsylvania, civil liability arising from the provision of alcohol to visibly intoxicated persons lies at an intersection of statutory and decisional law. This case calls upon us to revisit precedents that have prevailed for […]
NEGLIGENCE-NEGLIGENCE PER SE
Cogan House Township v. Lenhart, Pa. No. 14-02035 (C.P. Lycoming May 10, 2023) (Linhardt, J.). CHT filed a complaint against Lenhart, owners of property, concerning drains that were placed. There was a lot of litigation and the matter was reversed by the Commonwealth Court, directing the court to do the following: 1. Take further evidence […]
NEGLIGENCE-EMOTIONAL DISTRESS-INTERFERENCE WITH A DEAD BODY
Rouse v. Rosenberg, 2023 Pa. Super. LEXIS 202 (May 15, 2023) (Pellegrini, J.). This case involves a cause of action for emotional distress resulting from interference with a dead body. Under § 868 of the First Restatement of Torts, as adopted by our Supreme Court in Papieves v. Lawrence, 437 Pa. 373, 263 A.2d 118, […]
NEGLIGENCE-SLIP AND FALL-INDEPENDENT CONTRACTORS-RETAINED CONTROL EXCEPTION
Santiago v. Wegmans Food Market, Inc., t/d/b/a Wegmans, Wegmans Retail Service Center, Wegmans Distribution Center, No. 16-CV-1529 (C.P. Lackawanna February 2, 2018) Nealon, J. In this slip & fall case against commercial landowner by the employee of an independent contractor that was retained by that property owner to provide janitorial services, the owner filed a […]
NEGLIGENCE-GROUP HOME LIABILITY-CHOKING CASE
Bouchon v. Citizen Care, Inc., 2017 Pa. Super. LEXIS 989 (December 6, 2017) Stabile, J. This case involves Charles Bouchon, who is mentally challenged. He was the occupant of a group home owned and operated by Citizen Care. During a pizza dinner, the resident was unsupervised. He choked on uncut pizza and a soft drink. […]