Last year, we blogged about a flight attendant who was injured when she slipped and fell aboard a shuttle bus at Philadelphia International Airport. The Commonwealth Court ruled that the flight attendant was entitled to workers’ compensation benefits notwithstanding her employer’s arguments that her transit was not part of her employment. Her employer, US Airways,…
The average digital consumer owns 3.23 connected devices, according to marketing research. So, what happens when police ask for your password and providing it would implicate you in a crime? Can you exercise your Fifth Amendment right against self-incrimination and refuse to disclose it? In a victory for privacy rights, the Supreme Court of Pennsylvania…
The AAA forecasts that more than 49.3 million travelers will hit the road this Thanksgiving holiday between Wednesday, Nov. 27 to Sunday, Dec. 1. If you are one of them, here is some information regarding how safe you will be in your travels. National Statistics The National Highway Traffic Safety Administration estimates that there will…
Last year, we blogged about a defendant whose DUI case was allowed to proceed after a 26-year delay caused, in large part, by the defendant’s willful failure to appear for court proceedings. The defendant had attempted to argue that his constitutional right to a speedy trial had been violated. Today, we examine the opposite situation….
As we have previously discussed in this blog, in workers’ compensation cases, employees must prove that their injury occurred during the course and scope of their employment. Generally, this requires the employee’s physician to testify to a “reasonable degree of medical certainty” that the employee’s injury is causally related to the workplace accident. So, what…
In September, our blog explained that Pennsylvania’s Vehicle Code requires bicyclists to follow the state’s traffic laws. Today we look at what happens when a bicyclist fails to abide by the rules of the road, gets hit by a car, and then sues for personal injuries. Spoiler Alert: It doesn’t end well for the bicyclist….
In Pennsylvania it is established law that in order to conduct a vehicular stop, police must have reasonable suspicion of criminal activity. But what should courts look to in determining whether an officer’s suspicion was reasonable? The Superior Court of Pennsylvania recently provided an answer. Parked Car, Engine Running, Lights Out In Commonwealth v. Miranda,…
With the legalization of medical marijuana in Pennsylvania, can police still rely upon the smell of marijuana as a factor for developing probable cause for a search warrant? The Superior Court of Pennsylvania recently said “yes.” Strong Odor of Marijuana In Commonwealth v. Batista, police received an anonymous tip about a residence that served as…
The U.S. District Court for the Middle District of Pennsylvania recently addressed the issue of whether a driver who caused a multi-vehicle crash ― but whose vehicle did not directly impact the plaintiff’s vehicle ― can be held legally liable for the plaintiff’s injuries. Tractor-Trailer Crash In Sutcliffe v. Bernese, the driver of a tractor-trailer…
The Pennsylvania Supreme Court on Sept. 30 agreed to hear arguments on the issue of whether a driver who strikes a pedestrian at night can be relieved of his legal duty of care under Pennsylvania’s “sudden emergency” doctrine. Dark Crosswalk In Graham v. Check, a pedestrian, wearing dark clothing, entered the crosswalk of an East…
The old adage of “timing is everything” is applicable to blood draws in DUI cases, as set forth by a recent decision by the Superior Court of Pennsylvania. Marooned by Flood Waters In Commonwealth v. Koger, two Pennsylvania State Police troopers were dispatched to an intersection at 2:09 a.m. where they found a Cadillac DeVille…
With autumn’s beautiful foliage and cool weather finally upon us, now is the perfect time to enjoy Pennsylvania’s big cities, small towns, and picturesque countryside via bicycle. But are bicyclists safe when they share the roadway with cars and other motor vehicles? Bicycle Crash Statistics The National Highway Traffic Safety Administration estimates that 783 bicyclists…