Punitive Damages Claim Allowed to Stand in Northampton County Texting Case

In a recent detailed Order issued by Judge Kimberly J. McFadden of the Northampton County Court of Common Pleas in the case of Figueroa v. Ferraira, No. C-48-CV-2017-833 (C.P. Northampton Co. June 8, 2017 McFadden, J.), the court allowed a claim punitive damages to proceed beyond the Preliminary Objections stage in a case where the Plaintiff alleged that the Defendant rear ended the Plaintiff's vehicle at a red light while the Defendant was traveling at an excessive rate of speed and while texting.

The court noted that the defense retained the right to revisit the issue at the summary judgment stage should it be determined that the Plaintiff had not produced evidence in support of this claim.

Anyone wishing to review this decision may click this LINK.

I send thanks to Attorney Ed Shaughnessy of the Law Offices of Edward P. Shaughnessy in Easton, PA for bringing this case to my attention.

Judge Polachek-Gartley of Luzerne County Sustains Preliminary Objections to Punitive Damages Claims in Trucking Accident Case

In the case of Coleman v. TonyHaas et.al., No. 12529 of 2016 (C.P. Luz. Co. April 28, 2017 Polachek-Gartley, J.), the court sustained the Defendants’ Preliminary Objections to the Plaintiff’s claims for punitive damages in a trucking accident case.  

The accident was alleged to have occurred when a tractor trailer moved from the right lane into the left lane and struck the Plaintiff’s vehicle.  

Reviewing the allegations of the Plaintiff’s Complaint, the court found that, at most, the Plaintiff’s allegations gave rise to a claim for negligence and did not support the claims for punitive damages.  

Anyone wishing to read this Opinion online may click HERE.

I send thanks to Attorney John A. Statler of the Lemoyne, Pennsylvania office of Johnson, Duffie, Stewart & Weidner for bringing this case to my attention.  

Issues Pertaining to Propriety of Praecipe for Issuance of Writ Of Summons Addressed In Lackawanna County

In his recent decision in the case of Gesford v. Gerrity's Market, No. 2016 - Civil - 2204 (C.P. Lacka. Co. June 2, 2017 Nealon, J.), Judge Terrence R. Nealon addressed the rare issue of the propriety of a Praecipe for the Issuance of a Writ of Summons.

In this case, the Praecipe for the Issuance of a Writ of Summons was filed on the final day before the statute of limitations was set to expire.  At issue was the fact that the Praecipe was signed and filed by a daughter of an incapacitated Plaintiff.  According to the Opinion, the Plaintiff had not yet obtained any Plaintiff's counsel.

The case then proceeded through pleadings and discovery before the defense advanced the issue of the propriety of the Praecipe by way of a summary judgment motion.  The defense asserted that the statute of limitations had not been tolled by the allegedly improper Praecipe.

Relying in part on Pa.R.C.P. 126, which allows for a liberal construction of the Rules of Civil Procedure, Judge Nealon noted that although the Rules contemplate the Praecipe being signed by a plaintiff or plaintiff's counsel, the Plaintiff here made a good faith effort to commence her action and provided prompt service of the suit upon the Defendants.  The court also noted that there was no prejudice shown by the defense as a result of the "technical misstep" by the Plaintiff.

As such, the defense motion for summary judgment was denied.

Anyone wishing to review this decision may click this LINK.

Waiver of Stacking Case Out of Monroe County

In his recent decision in the case of Newhook v. Erie Insurance Exchange, No. 10711 CIVIL 2014 (C.P. Monroe Co. May 11, 2017 Williamson, J.), Judge David J. Williamson of the Monroe County Court of Common Pleas ruled that an insured was entitled to stacked uninsured/underinsured motorist benefits where a new waiver of stacking was not secured by the carrier when the insured added his most recent vehicles to the policy.  

Judge David J. Williamson
Monroe County

 

According to the Opinion, the insured did not select stacked coverage when he added his most recent vehicles to his policy, but also did not officially waive such coverage.  

The court found that the fourth vehicle that the insured had added to his policy was not a replacement of a vehicle for which stacking had been previously declined.   As such, the court found that the carrier should have secured a written waiver of stacked coverage.  

 

Anyone wishing to review a copy of this decision may click this LINK.

Motion to Bifurcate Luzerne County Post-Koken Trial Denied

In the case of Gallagher v. Longfoot and Erie Insurance Exchange, No. 2015-CV-3169 (C.P. Luz. Co. May 1, 2017 Burke, J.), Judge Thomas F. Burke, Jr., of the Luzerne County Court of Common Pleas denied a UIM carrier Defendant’s Motion to Bifurcate a post-Koken case for trial by Order only.  

Anyone wishing to review this Court Order by Judge Burke in Gallagher may click this LINK.

Lackawanna Pro Bono Golf Tournament Set for This Friday June 9th

TORT TALK PRACTICE TIP

ALWAYS EXTEND PROFESSIONAL COURTESIES

What goes around, comes around.

There will be times when you need a continuance.  Therefore, requests for continuances should be granted without hesitation wherever possible by fellow attorneys as well as the bench particularly where there is no prejudice to the parties involved.  

Try to return all phone calls within 24 hours wherever possible.  If you don't want to talk to the person who called, at least send an email response back to their voicemail.

Avoid discovery fights.  Discovery that an opposing party is clearly entitled to under the Rules should be produced in a timely fashion and without the necessity of unnecessary motions practice.

Spreading praise always promotes professionalism among attorneys.  If an opposing counsel makes a good presentation in court or submits an excellent brief let them know that while you disagree with the position stated, you were impressed nevertheless by the presentation.  If you hear of a colleague or client who has won a case or earned an award of some sort, drop them a note, email, or text of congratulations.