Didomizio v. Jefferson Pulmonary Assocs. & Asthma Allergy & Pulmonary Assocs., P.C., 2022 Pa. Super. LEXIS 323 (August 2, 2022) (Pellegrini, J.) Gilda DiDomizio (DiDomizio) appeals from the order entered in the Court of Common Pleas of Philadelphia County (trial court) granting reconsideration and entering summary judgment in favor of Jefferson Pulmonary Associates and Asthma […]
Tag: Statute of Limitations
STATUTE OF LIMITATIONS-CIVIL RIGHTS-CONVICTION-CRIMINAL TRIAL
Coello v. Dileo, 2022 U.S. App. LEXIS 21820 (3rd Cir. August 8, 2022) (Ambro, C.J.) Yasmine Coello, convicted of harassment in 2007, succeeded over a decade later in having that conviction vacated. Only then did she file this civil rights action to recover for various abuses suffered during her criminal proceedings. The District Court dismissed […]
STATUTE OF LIMITATIONS-VICARIOUS LIABILITY-AMENDMENT OF COMPLAINT-AMPLIFICATION
Shifflett v. Lehigh Valley Health Network, Inc., et al., No. 2293 EDA 2016 (Pa. Super. Nov. 9, 2017) Solano, J. Lehigh Valley Health Network and Lehigh Valley Hospital appeal from the judgment against it on a general damage verdict of $2,391,620. The appellate court concluded that the second amended complaint pleaded a new cause of […]
STATUTE OF LIMITATIONS-MEDICAL MONITORING CLAIM-TOLLING
Blanyar v. Genova Products, 2017 U.S. App. LEXIS 11685 (3rd Cir. June 30, 2017) Vanaskie, C.J. Under Pennsylvania law, the statute of limitations for a medical monitoring claim is two (2) years. The discovery rule tolls the statute of limitations during the plaintiff’s complete inability, due to facts and circumstances not within his control, to […]
STATUTE OF LIMITATIONS-WIRE TAP ACT-TWO YEARS
The Statute of Limitations for the Wire Tap Act Is Two Years McCulligan v. Pennsylvania State Police, 123 A.3d 1136 (Pa. Cmwlth. 2015). McCulligan alleges that detectives and others intentionally violated the Wiretapping and Electronic Surveillance Control Act during the course of an investigation leading to the plaintiff’s incarceration. Preliminary objections were sustained, and the […]