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.

Admissibility of Similar Expert Opinions in a Medical Malpractice Case

By Daniel Cummins

January 15, 2021

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In the case of Snyder v. Scranton Hospital Company, LLC, No. 19-CV-83 (C.P. Lacka. Co. Dec. 14, 2020 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed the admissibility of the expert testimony in a medical malpractice case. This matter arises out of a malpractice action during which the Plaintiff alleges that he suffered permanent left ulnar damage secondary to stretching or compression trauma caused by his improper positioning…

Tort Talk

Lack of Informed Consent Claim Dismissed

By Daniel Cummins

January 15, 2021

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In the case of Fritz v. BNG Aesthetics, LLC, No. CV-20-0553 (C.P. Lycoming Co. Oct. 28, 2020 Linhardt, J.), the court granted a Defendant’s Preliminary Objections to a Plaintiff’s medical malpractice claim of a lack of informed consent relative to a laser procedure to treat the Plaintiff’s vision issues. The court ruled that the Plaintiff’s lack of informed consent claim against the Defendant doctor lacked the specificity required to establish that the doctor not only…

Tort Talk

A Pennsylvania Superior Court Panel Applies the Household Exclusion Despite Gallagher v. GEICO

By Daniel Cummins

January 14, 2021

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An apparent split of authority has developed within the Pennsylvania Superior Court on whether the Pennsylvania Supreme Court’s decision in Gallagher v. GEICO serves to eradicate the Household Exclusion across the board or is a decision that should be limited to its facts. Tort Talkers may recall the recent November 18, 2020 decision by a panel of Superior Court Judges in the case of Erie Ins. Exch. v. Petrie in which that panel held that…

Tort Talk

Court Addresses Policy Definition of "Bodily Injury" in Context of Opioid Cases

By Daniel Cummins

January 14, 2021

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In the case of Giant Eagle, Inc. v. Am. Guarantee & Liab. Ins. Co., No. 2:19-CV-00904-RJC (W.D. Pa. Nov. 9, 2020 Colville, J.), the court ruled that the Defendant insurance company had a duty to defend the Plaintiffs in multiple lawsuits where the Plaintiffs asserted claims of “bodily injury” allegedly caused by the insured’s distribution and sale of prescription opioids. The Defendant carrier argued that the Plaintiffs’ Motion should be denied as the Plaintiff failed…

Tort Talk

Borough May Face Liability for Covering Stop Sign by Snow Removal Efforts

By Daniel Cummins

January 14, 2021

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In the case of Cupelli v. Borough of Dunmore, No. 1662-C.D.-2019 (Pa. Cmwlth. Dec. 21, 2020 Jubelirer, J., Wojcik, J., and Cannon, J.) (Op. by Cannon, J.) (Opinion not reported), the court found that snow negligently plowed by a borough can create an artificial accumulation based upon which a Plaintiff may assert a cause of action where that artificial accumulation of snow renders a traffic control device ineffective or unsafe. According to the Opinion, the…

Tort Talk

Filing Entry of Appearance and Demand for Jury Trial in Federal Court Does Not Result in Waiver of Service of Process Defenses

By Daniel Cummins

January 13, 2021

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In the federal court case of Orner v. International Laboratories, Inc., No. 1:20-CV-00449 (M.D. Pa. Nov. 16, 2020 Wilson, J.), the court denied a Motion to Dismiss. Notably, the court ruled that the filing of an Entry of Appearance and a Demand for a Jury Trial does not waive objections that a Defendant may have to any issues surrounding service of process. In any event, the court found that the service of process in this…

Tort Talk

Federal Court Allows For Attorney’s Fees to Plaintiff’s Attorney on a Contingency By Figuring Out an Hourly Rate

By Daniel Cummins

January 13, 2021

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In the case of King v. Alpha Sigma Tau Nat’l Found. Inc., No. $:20-CV-00778 (M.D. Pa. Dec. 1, 2020 Brann, J.), the court ruled that 28 U.S.C. §1447(c) allowed the Plaintiffs to recover attorney’s fees in a federal court action even when the Plaintiffs were represented on a contingency. The court awarded attorney’s fees to the Plaintiff after remanding a case to the state court that the Defendants were found to have improperly removed to…

Tort Talk

ARTICLE: Hone your Courtroom Performance and Trial Skills

By Daniel Cummins

January 12, 2021

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Here is a LINK to my article that appears in the current January/February edition of the Pennsylvania Lawyer magazine entitled “Hone Your Courtroom Performance and Trial Skills.” The article confirms how serving as a juror in the High School Mock Trial Competition put on by the Young Lawyers’ Division of the PBA, and run by most county Bar Associations, can improve any attorney’s skills as a litigator in the Courtroom. Please support the Mock Trial…

Tort Talk

Volunteer Jurors and Judges Needed for Upcoming Virtual Mock Trial Competition in Lackawanna County

By Daniel Cummins

January 12, 2021

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Tort Talk

Claim Under All-Risk Policy For Coverage for COVID-Related Business Losses Dismissed

By Daniel Cummins

January 12, 2021

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In the case 4431, Inc. v. Cincinnati Ins. Co., No. 5:20-CV-04396 (E.D. Pa. Dec. 3, 2020 Leeson, J.), the court dismissed a Plaintiff’s Complaint for failure to state a claim in a case where the Plaintiff was seeking insurance coverage for COVID-related business income losses. The court found that there was a lack of evidence of any direct “physical loss” required to implicate the coverage provisions of the policy. Judge Joseph F. Leeson, Jr.E.D. Pa.…

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Admissibility of Similar Expert Opinions in a Medical Malpractice Case

Lack of Informed Consent Claim Dismissed

A Pennsylvania Superior Court Panel Applies the Household Exclusion Despite Gallagher v. GEICO

Court Addresses Policy Definition of "Bodily Injury" in Context of Opioid Cases

Borough May Face Liability for Covering Stop Sign by Snow Removal Efforts

Filing Entry of Appearance and Demand for Jury Trial in Federal Court Does Not Result in Waiver of Service of Process Defenses

Federal Court Allows For Attorney’s Fees to Plaintiff’s Attorney on a Contingency By Figuring Out an Hourly Rate

ARTICLE: Hone your Courtroom Performance and Trial Skills

Volunteer Jurors and Judges Needed for Upcoming Virtual Mock Trial Competition in Lackawanna County

Claim Under All-Risk Policy For Coverage for COVID-Related Business Losses Dismissed

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