Foley, Comerford & Cummins

Founded in 1956, the Scranton, Pennsylvania law firm of Foley, Comerford & Cummins has maintained its excellent reputation for thorough and exceptional handling of the defense of civil litigation matters all across Northeastern Pennsylvania for more than 50 years. Our experienced attorneys provide a general range of litigation services and take pride in securing prompt results for our clients in a cost-effective and efficient manner. We are proud of our sustained record of success at trial as well as in negotiating favorable settlements with minimal litigation whenever possible.

Set Up That Mediation As We Enter The Last Quarter of 2020

By Daniel Cummins

October 1, 2020

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We are entering the final quarter of the year. Please consider trying Cummins Mediation Services to bring your cases to a close. Fee schedule available on request. Please contact me at dancummins@CumminsLaw.net to set up your Mediation. …

Tort Talk

Summary Judgment Granted Due to Lack of Expert Testimony in Medical Device Products Liability Case

By Daniel Cummins

September 30, 2020

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In the products liability case of Marshall v. Zimmer, Inc., No. 18-3363 (E.D. Pa. Sept. 9, 2020 Bratter, J.), the court granted summary judgment in favor of a Defendant after the Plaintiff failed to produce expert testimony in support of the claims presented. The case arose with respect to allegations surrounding a medical device, or implant, used for knee replacement surgeries. The court reaffirmed the rule of law that a Plaintiff cannot establish causation or…

Tort Talk

Remember the Tort of Trespass From Law School?

By Daniel Cummins

September 30, 2020

Perhaps you have not studied the law for the cause of action for a claim of Trespass but, should you need one, here is a recent decision by Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas providing the current status of Pennsylvania law on the elements of proof and allowable damages. In the case of LBM Scranton, LLC v. Richardson, No. 14-CV-5353 (C.P. Lacka. Co. Sept. 16, 2020 Nealon, J.),…

Tort Talk

Spoliation Claim Rejected in Fire Loss Case

By Daniel Cummins

September 30, 2020

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In the case of State Farm Fire and Cas. Co. v. Cohen, No. 19-1947(E.D. Pa. Sept. 8, 2020 Quinones Alejandro, J.), the court granted summary judgment in favor of the Defendant in a case arising out of an appliance fire in a home. One of the issues addressed in this case was an allegation of spoliation of the product by the Defendant. The court rejected this claim in a case where the product, which was…

Tort Talk

Pennsylvania Superior Court Reviews When Treating Physician May Testify As to Causation (Non-Precedential)

By Daniel Cummins

September 29, 2020

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In the Non-Precedential decision of Krolikowski v. Ethicon Womans’ Health & Urology, No. 2025 MDA 2019 (Pa. Super. Aug. 11, 2020 McCaffery, J., Bowes, J., Ford Elliot, P.J.E.) (Op. by McCaffery, J.) (Non-Precedential), the Pennsylvania Superior Court affirmed the denial of the Plaintiff’s Pos-Trial Motions following a defense verdict in a case involving products liability claims relative to a pelvic mesh. Notably, the Pennsylvania Superior Court confirmed that a treating physician may testify as to…

Tort Talk

Home Hopping Daughter Found To Be Resident of Her Father’s House For Car Insurance Coverage Purposes

By Daniel Cummins

September 28, 2020

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In the case of apparent first impression, a Montgomery County judge ruled in the case of Erie Insurance Exchange v. Montesano, No. 2016-13318 (C.P. Montg. Co. Sept. 1, 2020 Rogers, J.), that a daughter who lived periodically in different relatives’ homes was considered to be a resident of her father’s house and therefore covered under her father’s car insurance policy. As such, the court held that Erie Insurance could be held liable for $200,000.00 in…

Tort Talk

Limitation of Actions Provision in Homeowner’s Policy Upheld

By Daniel Cummins

September 25, 2020

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In the case of Palek v. State Farm Fire and Cas. Ins. Co., No. 2:20-CV-170-JFC (W.D. Pa. Aug. 26, 2020 Conti, J.), the court granted the carrier’s Motion to Dismiss for failure to state a claim with regards to a breach of contract claim and a bad faith claim relative to the handling of a homeowner’s insurance claim. The granting of the dismissal relative to the breach of contract claim was with prejudice but the…

Tort Talk

Limitation of Actions Provision in Property Insurance Policy Upheld and Applied to Dismiss Claim

By Daniel Cummins

September 25, 2020

In the case of Gonzales v. Nazareth Mut. Ins. Co., No. 412-CV-2019 (C.P. Monroe Co. July 13, 2020 Williamson, J.), the court upheld a limitation of action provision contained in a property insurance policy. According to the Opinion, the Plaintiff owned a rental property that was insured by the carrier. After the Plaintiff discovered damage on the property, a claim was submitted to the insurance carrier for a recovery. The carrier denied the claim because…

Tort Talk

Summary Judgment Granted in Premises Case Where Plaintiff Produces No Evidence of a Defect

By Daniel Cummins

September 24, 2020

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An ottoman is an ottoman is an ottoman. In the case of Monfiletto v. Nordstrom, Inc., No. 5:19-CV-04005-JDW (E.D. Pa. July 31, 2020 Wolson, J.), the court granted summary judgment in a premises liability matter. The Plaintiff, who used a cane to help her walk, was allegedly injured when she fell off an ottoman in a dressing room as she went to sit on it. The Plaintiff alleged that the ottoman was slippery. The court…

Tort Talk

Peculiar Risk and Retained Control Doctrines Applied in Support of Motion for Summary Judgment

By Daniel Cummins

September 24, 2020

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In the case of Kinlaw v. Pennsylvania American Water Co., No. 17-CV-6738 (C.P. Lacka. Co. Sept. 15, 2020 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas granted summary judgment in favor of the Defendants in a slip and fall case in a matter in which the Plaintiff’s attorneys had previously withdrawn from their representation of the Plaintiff and in which the pro se Plaintiff did not secure other counsel…

Foley, Comerford & Cummins

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Set Up That Mediation As We Enter The Last Quarter of 2020

Summary Judgment Granted Due to Lack of Expert Testimony in Medical Device Products Liability Case

Remember the Tort of Trespass From Law School?

Spoliation Claim Rejected in Fire Loss Case

Pennsylvania Superior Court Reviews When Treating Physician May Testify As to Causation (Non-Precedential)

Home Hopping Daughter Found To Be Resident of Her Father’s House For Car Insurance Coverage Purposes

Limitation of Actions Provision in Homeowner’s Policy Upheld

Limitation of Actions Provision in Property Insurance Policy Upheld and Applied to Dismiss Claim

Summary Judgment Granted in Premises Case Where Plaintiff Produces No Evidence of a Defect

Peculiar Risk and Retained Control Doctrines Applied in Support of Motion for Summary Judgment

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