Foley, Comerford & Cummins

Case of First Impression: Ambulance Company Owes Fiduciary Duty to Patients it Transports

By Daniel Cummins on August 23, 2019

In Covolus v. Menist, nO. 281-CV-2019 (C.P. Monroe Co. May 29, 2019 Williamson, J.), a case of first impression, Judge David J. Williamson of the Monroe County Court of Common Pleas held that a fiduciary duty is owed by a business that provides ambulance services to persons that it transports for care. According to the Opinion, the Plaintiff was being transported by an ambulance company from one hospital to a psychiatric hospital when he was sexually assaulted…

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Claims of Reckless Conduct Dismissed Where No Support Facts Alleged

By Daniel Cummins on August 22, 2019

In the case of Clark v. Beers, No. 2019-GN-1484 (C.P. Blair Co. Aug. 13, 2019 Bernard, P.J.), the court granted a Defendant’s Preliminary Objections seeking the dismissal of allegations of recklessness in a motor vehicle versus pedestrian litigation but allowed the Plaintiff leave to amend the Complaint to add additional facts. According to the Opinion, the accident occurred when the Plaintiff was pushing a shopping cart as she exited a market and was walking in…

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Court Allowed to Instruct Products Liability Jury on Both Risk-Utility Test and Consumer Expectation Test If Warranted by Evidence

By Daniel Cummins on August 21, 2019

In the case of Davis v. Volkswagen, No. 1405 EDA 2018 (Pa. Super. July 19, 2019 Bowes, J., McLaughlin, J., Stabile, J.) (Op. by McLaughlin, J.)(Stabile, J., Concurring), the Pennsylvania Superior court held that the Lehigh County Court of Common Pleas did not commit any error in a products liability test when it instructed the jury on both the consumer expectation test and the risk-utility test that the Pennsylvania Supreme Court established in the case…

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Pennsylvania Supreme Court Holds That Exculpatory Release Invalid as to Claims of Gross Negligence and Recklessness

By Daniel Cummins on August 20, 2019

The Pennsylvania Supreme Court affirmed the Pennsylvania Superior Court’s decision and ruled in the case of Feleccia v. Lackawanna College, 75 MAP 2017 (Pa. Aug. 20, 2019)(Op. by Dougherty, J.)(Wecht, J., Concurring and Dissenting)(Saylor, J., Concurring and Dissenting), that a waiver of liability in a release form is unenforceable with regards to claims of gross negligence and recklessness. The case arose out of injuries sustained by two university football players during practice. More specific to…

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Safe Auto’s Unlisted Resident Driver Exclusion Upheld as Valid by Pennsylvania Supreme Court

By Daniel Cummins on August 20, 2019

In the case of Safe Auto Insurance Co. v. Oriental-Guillermo, 26 MAP 2018 (Pa. Aug. 20, 2019)(Op. by Todd, J.)(Wecht, J., Concurring), the Pennsylvania Supreme Court affirmed the Superior Court’s decision upholding the validity of Safe Auto’s Unlisted Resident Driver Exclusion. Under this exclusion, Safe Auto excluded from coverage under its policy those individuals who resided with the Safe Auto insured, but who was not related to the insured and who were not listed on…

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Borrowed Servant Doctrine Addressed in Slip and Fall Case

By Daniel Cummins on August 19, 2019

In the case of Burrell v. Streamlight, Inc., No. 2016-CV-30144 (C.P. Montg. Co. May 9, 2019 Saltz, J.), the court addressed the borrowed servant doctrine and found that a Plaintiff was a worker who qualified as a borrowed servant such that the Defendant employer was immune from liability in a negligence cause of action because the worker had already received compensation under the Worker’s Compensation Act. According to the Opinion, the Plaintiff was affiliated with…

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Selected to Appear in Best Lawyers in America Under Category of "Personal Injury – Defense"

By Daniel Cummins on August 16, 2019

Proud to note selection to appear in The Best Lawyers in America under the category of “Personal Injury – Defense” as the only civil litigation defense attorney in this category in northeastern Pennsylvania. Lawyers named to The Best Lawyers in America© publication were recognized by their peers in the legal industry for their professional excellence in 146 practice areas. For the 2020 Edition of The Best Lawyers in America, 8.3 million votes were analyzed, which resulted in the…

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Tort Talk Tip: Saying Please and Thank You Will Separate You

By Daniel Cummins on August 16, 2019

The simple act of always saying “Please” and “Thank you” in all of your interactions with any person will separate you from your competitors in business.…

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Trial Court Finds That Regular Use Exclusion Applies to Rental Vehicle Rented by Employer for Employee’s Use

By Daniel Cummins on August 13, 2019

In the case of Rawl v. Geico, No. 11435-CV-2018 (C.P. Beaver Co. July 1, 2019 Ross, J.), the court issued an Opinion in a declaratory judgment action instituted by a Plaintiff against Geico Insurance Company in which the Plaintiff sought a judicial declaration on an issue of coverage involving the regular use exclusion under the policy. According to the Opinion, the Geico policy contained a regular use exclusion applicable to UIM claims under the policy,…

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Several Notable Civil Litigation Trial Issues Addressed By Pennsylvania Superior Court

By Daniel Cummins on August 13, 2019

The Pennsylvania Superior Court addressed several notable recurring civil litigation issues in the case of Nazarak v. Waite, 2019 Pa. Super. 235 (Pa. Super. Aug. 2, 2019 Lazarus, J., Murray, J., Stevens, P.J.E.)(Op. by Stevens, P.J.E.). The case arose out of a rear end motor vehicle accident. The Plaintiff was driving a commercial vehicle and was on the job at the time of the accident. As such, he received worker’s compensation benefits in the form…

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