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.

Plaintiff Precluded From Testifying as to Defendant’s Speed Where Only Saw Vehicle a Split Second Before Impact

By Daniel Cummins

February 17, 2020

In the case of Berklovich v. Quarrick, No. 2567-CV-2018 (C.P. Westmoreland Co. 2020 Scherer, J.), the court granted a defendant’s Motion for Partial Summary Judgment and dismissed a Plaintiff’s claim for punitive damages based upon allegations of excessive speed and cell phone use by the defendant during a motor vehicle accident. According to the Opinion, the Plaintiff was rear ended and, as a result, her vehicle was propelled forward across two lanes of traffic. After…

Tort Talk

HAPPY PRESIDENT’S DAY

By Daniel Cummins

February 17, 2020

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Tort Talk

ARTICLE: POST-KOKEN UPDATE

By Daniel Cummins

February 14, 2020

Here is a copy of an article of mine that was published in the January, 2020 edition of Counterpoint, the official publication of the Pennsylvania Defense Institute. A copy of any of the opinions noted can be secured by typing the case name into the Search Box in the upper right hand corner of the Tort Talk Blog at www.TortTalk.com. This will take you to the Tort Talk post(s) that review the case searched in which…

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Judge Nealon of Lackawanna County Recites the Law of Invitees, Licensees, and Trespassers

By Daniel Cummins

February 13, 2020

Trespassers252BLicensee252BInvitee252BMinimal252Bduty.jpg

As noted in the case below, a plaintiff’s ability to recover in a premises liability case may turn on whether that plaintiff is deemed to be a business inviteee, licensee, or a trespasser. In the case of Giles v. Pennsylvania American Water Co., No. 17-CV-5616 (C.P. Lacka. Co. Jan. 23, 2020 Nealon, J.), the court addressed Preliminary Objections filed by a landowner Defendant in a case involving a minor Plaintiff who was allegedly injured as…

Tort Talk

Borrowed Servant Doctrine Applied to Support Entry of Summary Judgment in Favor of Employer

By Daniel Cummins

February 13, 2020

In the case of Solomon v. FedEx Supply Chain, Inc., No. 1:17-CV-02385 (M.D. Pa. Jan. 14, 2020 Rambo, J), Judge Sylvia H. Rambo addressed the current status of Pennsylvania law on the borrowed servant doctrine. According to the Opinion, this personal injury case arose out of a forklift accident that occurred within the scope of the Plaintiff’s employment. At the time of the accident, the Plaintiff was a contractual employee for an employment agency and…

Tort Talk

Judge Zulick Requires Plaintiff To Specify in her Complaint the Defect That Allegedly Caused Her to Fall

By Daniel Cummins

February 13, 2020

In the case of Meade v. Pawz, No. 6112 Civil 2019 (C.P. Monroe Co. Jan. 29, 2020 Zulick, J.), Judge Arthur K. Zulick sustained a defendant’s preliminary objections to a non-specific slip or trip and fall Complaint but allowed the plaintiff the right to file a Third Amended Complaint. According to the Opinion, in the plaintiff’s Second Amended Complaint, the plaintiff generally averred that she “tripped and fell on the dangerous conditions of the Defendant’s…

Tort Talk

Removal of Car From Policy Does Not Require Carrier to Secure New Waiver of UIM Stacking Form

By Daniel Cummins

February 12, 2020

In the case Franks v. State Farm Mut. Ins. Co., 93 Bucks Co. L. Re. 6 (C.P. Bucks Co. Nov. 18, 2019, McMaster, J.), the court ruled in favor of the carrier in a declaratory judgment action involving UIM coverage and stacking issues. The court noted that the issue before it appeared to involve a case of first impression, that being the issue of whether, under the MVFRL, is there a “purchase” of insurance when…

Tort Talk

First Named Insured Must Sign Rejection of Stacking Form For It to Be Valid

By Daniel Cummins

February 12, 2020

In the case of Rodriquez v. Penn National Mut. Ins. Co., No. S-203-16 (C.P. Schuylkill Co. Jan. 14, 2020 Goodman, J.), the trial court addressed the issue of the statutory requirement that a first named insured sign a rejection of stacking form in an underinsured motorist context in order for the rejection to be upheld. According to the Opinion, in this matter, the wife of the first named insured signed the rejection of stacking form.…

Tort Talk

Mock Trial Jurors Still Needed for Tonight–Please Help!

By Daniel Cummins

February 11, 2020

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The Final Four Mock Trial Competition Semi-Final Tuesday, February 11, 2020 6:00 PM Please Consider Serving as a Juror Contact Katie Nealon knealon@munley.com or Ryan Campbell hrlaw04@gmail.com…

Tort Talk

Superior Court Rules That Employers Need Not Notify Employees of Rejection of UIM Coverage Under Employer’s Policy (Non-Precedential)

By Daniel Cummins

February 11, 2020

In the non-precedential decision by the Pennsylvania Superior Court in the case of Derr v. National Fire Ins. Co. of Hartford, No. 1340 EDA 2019 (Pa.Super. Feb. 6, 2020 Nichols, J., Murray, J., and Colins, J.)(Op. by Colins, J.), the appellate court rejected a claim that public policy interests requires notification to all employees regarding an employer’s rejection of UIM coverage be valid under the Motor Vehicle Financial Responsibility Law. Anyone wishing to review this…

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Plaintiff Precluded From Testifying as to Defendant’s Speed Where Only Saw Vehicle a Split Second Before Impact

HAPPY PRESIDENT’S DAY

ARTICLE: POST-KOKEN UPDATE

Judge Nealon of Lackawanna County Recites the Law of Invitees, Licensees, and Trespassers

Borrowed Servant Doctrine Applied to Support Entry of Summary Judgment in Favor of Employer

Judge Zulick Requires Plaintiff To Specify in her Complaint the Defect That Allegedly Caused Her to Fall

Removal of Car From Policy Does Not Require Carrier to Secure New Waiver of UIM Stacking Form

First Named Insured Must Sign Rejection of Stacking Form For It to Be Valid

Mock Trial Jurors Still Needed for Tonight–Please Help!

Superior Court Rules That Employers Need Not Notify Employees of Rejection of UIM Coverage Under Employer’s Policy (Non-Precedential)

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