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In a 5-2 decision, in the case of Gallagher v. GEICO, 35 WAP 2017 (Pa. Jan. 23, 2019)(Op. by Baer)(Dissenting Op. by Wecht), handed down by the Pennsylvania Supreme Court today, the Court held that the household exclusion impermissibly narrows the mandates of Section 1738 and, as a result, violates the Pennsylvania Motor Vehicle Financial Responsibility Law.  As such, the household exclusion is impermissible as a matter of law.  In this matter, the Plaintiff was…
High School Mock Trial Competition is upon us all across the Commonwealth of Pennsylvania.  Hoping you might consider serving as a Juror in the Competition in your County.  Serving as a Juror can be a great learning experience and a rewarding endeavor for just a couple of hours of your time for a good cause.  Here is a LINK to my article extolling the benefits attorneys can realize from participating in the program for the benefit…
In the case of Martin v. Ochenduszko, No. 17-CV-3912 (C.P. Lacka. Co. Jan. 16, 2019 Nealon, J.), Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas addressed the UIM carrier’s Motion to Sever the Plaintiffs’ UIM claims from the tort claims asserted against a tortfeasor Defendant against whom punitive damages claims were pled given the Defendant-driver’s alleged operation of a vehicle under the influence of controlled substances at the time of the accident.   According…
In the case of Bracken v. Dolgencorp, LLC, No. 18-4703 (E.D. Pa. Nov. 289, 2018 Carney, J.) (Mem. Op.), the court addressed whether a Defendant’s removal of a case to federal court was untimely.   According to the Opinion, a Philadelphia tractor trailer driver sued a company from outside of Pennsylvania in a Philadelphia state court in a personal injury action that arose out of injuries suffered when a trailer lift gait malfunctioned.    The court noted…
In the case of Pastin v. Allstate  Ins. Co., No. 17-CV-1503 (W.D. Pa. Nov. 30, 2018 Horan, J.), the court rejected an effort by a Plaintiff to join her underlying state court negligence action against the tortfeasor in a motor vehicle accident case with her UIM bad faith and breach of contract action filed in the federal court against her own carrier.   According to the Opinion, the tortfeasor Defendant in the state case and the…
In the case of Mitchell v. Milburn, No. 344 C.D. 2017 (Pa. Cmwlth. Dec. 6, 2018 McCullough, Leavitt, and Cannon, J.) (Op. by McCullough, J.), the court ruled that the sudden emergency doctrine is an absolute defense to an allegation of negligence and is available to any Defendant who suddenly and unexpectedly finds himself or herself confronted with a perilous situation that permits no opportunity to assess the danger and respond appropriately. The Plaintiff sued…
In the case of Mader v. Duquesne Light Co., No. 609 W.D.A. 2018 (Pa. Super. Nov. 30, 2018 Murray, Bender, Shogan, J.) (Op. by Murray, J.), the Pennsylvania Superior Court addressed several trial issues pertaining to damages in a personal injury matter.   In the end, the court affirmed in part and reversed in part the trial court’s granting of post-trial motions after a verdict in favor of the Plaintiff.   The court noted that Stipulations between…
Daniel E. Cummins of the Scranton, PA law firm of Foley, Comerford & Cummins, along with Attorney Paul Oven of the Moosic, PA law firm of Dougherty, Leventhal & Price, will be providing encore presentations of a CLE seminar entitled “The Law is Like a Box of Chocolates:  A Forrest Gump Themed Civil Litigation Update” for both the Lackawanna Bar Association and the Monroe County Bar Association in February, 2019. Video clips of famous quotes from the…
High School Mock Trial Competition is upon us all across the Commonwealth of Pennsylvania.  Hoping you might consider serving as a Juror in the Competition in your County.  Serving as a Juror can be a great learning experience and a rewarding endeavor for just a couple of hours of your time for a good cause.  Here is a LINK to my article extolling the benefits attorneys can realize from participating in the program for the benefit…
In the case of Stoots v. Mutual Benefit Ins. Co., No. GD 16-024731 (C.P. Allegh. Co. Dec. 7, 2018 Colville, J.), the court granted a carrier’s Motion to Sever and Stay the Bad Faith portion of this Post-Koken matter by Order only. This Order can be viewed HERE. As such, a split of authority in Allegheny County continues on this particular issue.  The split authority also continues all across the Commonwealth in the continuing absence of…