Last week, we blogged about how facts matter in litigation. Specifically, we addressed how a dog bite case failed because the plaintiffs were not prepared to prove facts legally sufficient to establish their right to relief. Today, we offer another example of a personal injury lawsuit that was thwarted by a lack of facts. Deadly…
A recent decision by the Court of Common Pleas of Monroe County provides a good example of how a dog bite lawsuit ― or any lawsuit, for that matter ― will not succeed unless the plaintiff alleges specific facts to support a finding that the law has been violated. Dog Bites Child In Gallo v….
A recent decision by the Superior Court of Pennsylvania provides justice to a woman who was injured while shopping and then had videotape evidence destroyed by the store. Destruction of a Surveillance Video In Marshall v. Brown’s IA, a shopper slipped and fell on water in the produce aisle of a ShopRite supermarket and aggravated…
Non-lawyers often hear the term “hearsay” bantered about and have a general understanding that hearsay evidence is not admissible in court. (Nota bene: There are some exceptions to that rule.) Today we take a deeper look at the concept of hearsay, as applied by the U.S. District Court for the Eastern District of Pennsylvania in…
A recent decision by the Superior Court of Pennsylvania demonstrates that a driver’s impairment (or lack thereof) isn’t the only issue at play when fighting a DUI charge. When applicable, another avenue for fighting a DUI charge is to challenge the constitutionality of the underlying traffic stop. A Well-Being Check In Commonwealth v. Thimons, a…
After a job-related injury occurs, workers typically ask one critical question: Am I entitled to workers’ compensation benefits? Fortunately, in Pennsylvania most workers are covered under the state’s Workers’ Compensation Act, and the answer, generally, is “yes.” However, some types of workers are not covered by the Act and thus cannot collect benefits. Today, we…
As snow continues to fall, and Pennsylvanians continue to hit the ski slopes, the 3rd U.S. Circuit Court of Appeals recently weighed in on whether a ski resort has a duty to protect skiers from skiing off the trail’s edge and colliding into dangerous terrain. The answer is “no.” Off the Trail In Vu v….
A recent decision by the Superior Court of Pennsylvania offers a sobering lesson on the evidence that can be used to convict a driver of DUI. Field Sobriety Tests In Commonwealth v. Wilkinson, a driver hit the front of another vehicle, ripping off its bumper, while traveling through an intersection. The police officer who responded…
The Commonwealth Court of Pennsylvania recently ruled that an employee who received his full wages for the day that he was injured at work was not eligible for workers’ compensation benefits until his next workday. The ruling was critical to the court’s determination that his employer did not miss a deadline to stop paying benefits….
A recent decision by the Pennsylvania Supreme Court should make every defendant think long and hard about what they really want to do before pleading guilty to a crime. Plea Agreement In Commonwealth v. Norton, Michael Norton was charged with sexually abusing his paramour’s granddaughter. On the day that his trial was to begin, Norton…
A recent decision by the Superior Court of Pennsylvania seemingly gives anyone with a grudge the ability to take our civil liberties away by calling in a detailed, anonymous crime tip to 911. 911 Call In Commonwealth v. Price, two officers were working in an unmarked patrol car when they received a radio broadcast to…
A recent decision by the Superior Court of Pennsylvania addressed whether a person who is sleeping in the driver’s seat of a parked car, with its engine off, can be convicted of driving under the influence (DUI). It should make everyone take pause before getting behind the wheel after having a few drinks. Engine Off…