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.

Building Inspector Found to Be Immune From Claims of Negligence

By Daniel Cummins

April 7, 2020

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In the case of Brown v. Taylor Construction and Demolition, No. 13-CV-2727 (C.P. Lacka. Co. April 2, 2020 Nealon, J.), the court addressed a request from a building official for a finding of immunity from claims liability relative to residential construction work. According to the Opinion, residential property owners, who allegedly suffer damage as a result of negligent construction work by a contractor, filed suit against the contractor and the entity that was hired to…

Tort Talk

Recklessness and Punitive Damages Claims Allowed to Proceed in Tractor Trailer vs. Pedestrian Accident

By Daniel Cummins

April 7, 2020

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In the case of Molina v. Timmons, No. 1:19-CV-01707 (M.D. Pa. April 2, 2020 Rambo, J.), the court denied a Defendant’s Motion to Dismiss and Strike relative to claims of recklessness and for punitive damages in a case involving a tractor trailer versus pedestrian accident. According to the Opinion, the Defendant truck driver was allegedly backing up in a rapid fashion near an area that was used for unloading and loading materials when that driver…

Tort Talk

Judge Zulick of Monroe County Addresses Issues of Jurisdiction Over Out-of-State Law Firm in Pennsylvania Malpractice Claim

By Daniel Cummins

April 6, 2020

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Preliminary Objections by a NY defendant firm contesting jurisdiction in a legal malpractice case were denied in the matter of Rock v. Russo, No. 7605-CV-2019 (C.P. Monroe Co. March 6, 2020 Zulick, J.). The Plaintiff brought this legal malpractice case arising out of an injury which occurred at the Kalahari Resorts Pocono Hotel on December 25, 2015. The Plaintiff, a NY resident, retained NY counsel to pursue her claim. The defendant firm represented the Plaintiff…

Tort Talk

Sloan Kettering Hospital (NY) Haled Into Court in Philadelphia

By Daniel Cummins

April 6, 2020

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In the case of Estate of Albert v. Thomas Jefferson Univ. Hospital, Inc., June Term, No. 1122 (C.P. Phila. Co. Jan. 31, 2020 Massiah-Jackson, J.), the court ruled that it had personal jurisdiction over an out-of-state Defendant after finding that the Defendant had sufficient minimum contacts with Pennsylvania such that the Defendant could have reasonably anticipated being sued in Pennsylvania. This matter arose out of a medical malpractice action against Sloan Kettering Hospital, which is…

Tort Talk

Appeal From a Default Dismissed Where Plaintiff Did Not First File Petition To Open or Strike Default

By Daniel Cummins

April 3, 2020

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In the case of Cardona v. Buchanan, 2020 Pa. Super. 55 (Pa. Super. March 9, 2020 Olson, J., Nichols, J., Stabile, J.) (Op. by Stabile, J.), the court found that where a trial court entered a judgment of non pros due to a Plaintiff’s failure to prosecute her suit and the Plaintiff thereafter failed to file a Petition to Open the Judgment before appealing, the Plaintiff waived the single issue raised on appeal. This matter…

Tort Talk

Summary Judgment Denied in Limited Tort Case

By Daniel Cummins

April 2, 2020

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In the case of Braniff v. Hartjei, No. 11022-CV-2017 (C.P. Lawrence Co. Aug. 12, 2019 Cox, J.), the court denied a Motion for Partial Summary Judgment based upon the Plaintiff’s election of the Limited Tort option. After reviewing the law of the case of Washington v. Baxter, the court in this Braniff case noted that the Plaintiff alleged that the accident caused bulging discs and a radiculopathy with respect to her cervical spine. It was…

Tort Talk

A Little Humor……

By Daniel Cummins

April 1, 2020

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This article of mine is reprinted here, with permission, from the October 22, 2007 issue of the Pennsylvania Law Weekly. LEARNING LESSONS FROM LAWYER JOKES:Don’t be upset – use them as a motivator to improve, and discredit their stingby DANIEL E. CUMMINS, ESQUIRE Lawyer jokes are an amusing, sometimes annoying, part of the practice. You’ve heard one, you’ve heard them all. With the negative sting of many of the lawyer jokes, it is easy to…

Tort Talk

Claim of Spoliation of Video in Slip and Fall Case Rejected

By Daniel Cummins

March 31, 2020

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In the case of Pace v. Wal-Mart Stores East, LP, No. 18-3313(3d Cir. Jan. 28, 2020 Chagares, J., Greenaway, J., Greenberg, J.) (Op. by Chagares, J.)[Non-Precedential], the court affirmed the entry of summary judgment in favor of the defense in a slip and fall case. Notably, the court affirmed the lower court’s ruling that the Plaintiff had failed to establish that the Defendant store had spoliated any surveillance video of the Plaintiff where the Plaintiff…

Tort Talk

Bring Your Case To A Close With Cummins Mediation Services

By Daniel Cummins

March 30, 2020

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Why wait to bring your case to a close? Claims professionals are still working, albeit remotely, and desire to move your cases. Please consider retaining CUMMINS MEDIATION SERVICES to assist in settling your cases. We are willing to work remotely with all parties and participants and there would be no additional costs associated with the use of our in-house technology measures. Your case can be moved forward and CUMMINS MEDIATION SERVICES is ready to assist…

Tort Talk

First Time Skier Gets a Pass

By Daniel Cummins

March 30, 2020

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In the case of Aldosari v. Tuthill Corp., No. 17-0626 (C.P. Carbon Co. Dec. 13, 2019 Nanovic, J.), the court denied a Defendant’s Motion for Summary Judgment in a skiing accident case. According to the Opinion, the Plaintiff, who was a resident of Saudi Arabia was a 17 year old individual who had never skied before the subject incident. The Plaintiff testified at her deposition that she was unfamiliar with the necessary skills or inherent…

Foley, Comerford & Cummins

Foley, Comerford & Cummins Blogs

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Building Inspector Found to Be Immune From Claims of Negligence

Recklessness and Punitive Damages Claims Allowed to Proceed in Tractor Trailer vs. Pedestrian Accident

Judge Zulick of Monroe County Addresses Issues of Jurisdiction Over Out-of-State Law Firm in Pennsylvania Malpractice Claim

Sloan Kettering Hospital (NY) Haled Into Court in Philadelphia

Appeal From a Default Dismissed Where Plaintiff Did Not First File Petition To Open or Strike Default

Summary Judgment Denied in Limited Tort Case

A Little Humor……

Claim of Spoliation of Video in Slip and Fall Case Rejected

Bring Your Case To A Close With Cummins Mediation Services

First Time Skier Gets a Pass

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