When is a traveling employee traveling for pleasure, as opposed to business? That was the central issue in a recent workers’ compensation case before the Commonwealth Court of Pennsylvania. Celebration with Co-Workers In Peters v. Workers’ Compensation Appeal Board (Cintas Corporation), a salesman’s job duties entailed spending time in the field to meet with potential…
Last week, we blogged about Pennsylvania’s implied consent statute, pursuant to which anyone driving in the Commonwealth is deemed to consent to chemical testing of their blood to determine its alcoholic content. Regardless of the statute, drivers have the right to refuse testing. However, doing so results in mandatory driver’s license suspension, renders the fact…
A recent decision by the Superior Court of Pennsylvania serves as a reminder that there are many defenses available when fighting a DUI charge, regardless of the driver’s level of intoxication. When applicable, one such defense is that the driver’s consent to a blood draw was not legally valid. Beer in Glove Box In Commonwealth…
Is a driver who rear-ends another vehicle for no other reason than he “didn’t stop quick enough” automatically negligent? The answer is “yes.” Rear-End Collision In Smith v. Wells, a plaintiff was driving his Buick down the Pennsylvania Turnpike when he saw traffic braking in front of him. He successfully stopped within the assured clear…
Most of us rely upon computer repair shops to fix our computer problems. But what happens when a repair technician finds illegal material, such as child pornography, on your computer and calls police? Can police look at the files? Or must they first obtain a search warrant? The Pennsylvania Supreme Court recently provided an answer…
In 2017, we blogged about Derek Valentino, a married, 40-year-old father of two, who drowned in the Schuylkill River in 2010 while participating in a triathlon in Philadelphia. Valentino had signed a waiver assuming all risks of participating in the event. But his wife, who did not sign the waiver, tried to sue the triathlon…
After a divorce, it may be tempting to vent your frustrations on Facebook if your lifelong friend marries your ex-spouse and, in your eyes, is “obsessed with playing mommy” to your kids. We’re here to tell you to step away from the keyboard before you land in legal trouble. ‘Vulgar and Inflammatory’ Rants In Commonwealth…
DUI ― Driving Under the Influence ― is commonly thought of as a crime involving alcohol. But in Pennsylvania, a DUI conviction can arise from the use of street drugs, prescription medication, alcohol, or some combination of these. So, what happens when police try to use the results of field sobriety tests to prove a…
A recent decision by the U.S. District Court for the Eastern District of Pennsylvania that dismissed a lawsuit arising from a slip-and-fall accident makes clear that a plaintiff must be able to prove that a business defendant either created a harmful condition on its premises or had actual or constructive notice of it in order…
A recent decision by the Superior Court of Pennsylvania addresses how far police can go in searching a vehicle when there is evidence of marijuana usage by its occupant. Burnt Marijuana Odor In Commonwealth v. Scott, police observed a Nissan with a malfunctioning center brake light and initiated a traffic stop. As an officer approached…
In 2017, Pennsylvania State Police made 19,963 DUI arrests. That number does not include DUI arrests made by local police departments. With a staggering number of people arrested for DUI, there are bound to be some traffic stops that are made without probable cause, in contravention of a driver’s constitutional rights. So, what happens to…
In an age where technology is changing faster than the law can keep up, the Superior Court of Pennsylvania recently addressed the issue of when police can legally search a smartphone without a warrant. Abandoned Smartphone In Commonwealth v. Kane, a Villanova University student hid a smartphone behind a “wet floor” sign in a co-ed…