Amount of Advertising in a County by a Defendant Does Not Support Venue; Transfer of Venue Granted

In the case of Wyszynski v. Greenwood Gaming & Entertainment, Inc., 2017 Pa. Super. 108 (Pa. Super. April 17, 2017) (Op. by Ransom, J.), the Pennsylvania Superior Court ruled that a trial court did not abuse its discretion of transferring a slip and fall case from Philadelphia County to Bucks County under the case presented.  

According to the Opinion, the Defendant’s registered office and principal place of business was in Bucks County and the cause of action occurred in Bucks County.

The Plaintiff attempted to file in Philadelphia under an argument that the amount of the Defendant’s advertising in Philadelphia supported venue in that county.

The Superior Court rejected this argument and noted that the case law make clear that advertising was incidental to the purpose of a business and that, therefore, no matter how pervasive a business’ advertising was, such advertising would not satisfy the test for venue set forth in the case of Purcell v. Bryn Mawr Hospital, 579 A.2d 1282 (Pa. 1990). 

As such the Superior Court found that the trial court did not abuse its discretion in transferring the case to Bucks County.

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

Source:  “Digest of Recent Opinions.”  Pennsylvania Law Weekly (May 2, 2017). 

Western Federal District Court Grants Partial Summary Judgment in Medical Malpractice Case Involving Physician's Assistants

In the Western Federal District Court case of Brogdon v. Correct Care Solutions, LLC et.al., No. 1:16-CV-12 (W.D. Pa. April 21, 2017 Rothstein, J.), the court addressed a Plaintiff’s Motion for Partial Summary Judgment in a wrongful medical malpractice case against private prison healthcare providers involving a case a prisoner’s death allegedly from an undiagnosed case of appendicitis.

In its decision, the court noted that the decedent was only seen by physician assistants and allegedly without any supervision by the supervising physicians.  

After a review of the matter, the court granted the Plaintiff’s Motion for Partial Summary Judgment on the issues of negligence per se for violations of the Medical Practice Act and regulations thereunder relating to the supervisions of physicians assistants.  

While the court granted summary judgment on the issues of a duty of care and a breach thereof, the issue of causation was left for the jury’s decision.  

Anyone wishing to review this decision may click this LINK.

I send thanks to Attorney Allison S. Lapat, Esquire of the Philadelphia law firm of Stein & Silverman, P.C. for bringing this case to my attention.  

Summary Judgment Denied to Landowner In Slip and Fall Case But Granted For Snow Removal Contractor

In the case of Graham v. K Investments, Ltd., No. 4376-2014 (C.P. Monroe Co. March 13, 2017 Zulick, J.), Judge Arthur Zulick of the Monroe County Court of Common Pleas denied a restaurant’s Motion for Summary Judgment in a slip and fall case.   However, the court did grant summary judgment in favor of a snow removal contractor.  

Relative to the claims against the landowner, the court noted that a snow storm had occurred nine (9) days prior to the Plaintiff’s accident.  

When the Defendant restaurant moved for summary judgment based upon the hills and ridges doctrine, the court accepted the Claimant’s argument that the doctrine was not applicable because generally slippery conditions did not prevail in the community at the time of the incident. Moreover, the Plaintiff asserted that this case involved a localized patch of ice.  As such, the motion for summary judgment based upon the hills and ridges doctrine was denied.

The court otherwise found no evidence of negligence against the snow removal contractor who was last on the premises nine days before the incident.

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

Source:  “Digest of Recent Opinions.”  Pennsylvania Law Weekly (May 2, 2017). 

Summary Judgment Based Upon Hills and Ridges Doctrine Denied

In the Lycoming County Court of Common Pleas case of Holtzapple v. Dunkleburger, No. 15-1666 (C.P. Lycoming Co. March 15, 2017 Gray, J.), Judge Richard A. Gray of the Lycoming County Court of Common Pleas denied a Defendant’s Motion based upon the Hills and Ridges Doctrine.  

According to the Opinion, the Plaintiff slipped and fell on ice outside of a café on his way into the establishment.   It was not snowing at the time of the incident, but a light dusting of snow was on the ground.  

The court held that the Hills and Ridges Doctrine did not apply because the Plaintiff allegedly fell on a localized patch of black ice.   The court additionally noted that it was sunny and not snowing at the time of the incident such that there were not generally slippery conditions existing at the time of the incident was required by the application of the Hills and Ridges Doctrine.

As such, the court found that a material issue of fact existed as to whether or not the Defendant had actual constructive knowledge of the condition of the premises.    

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

Petition to Enforce Settlement Granted in Monroe County Case

In his recent decision in the case of Wise v. Hyundai Motor Company, No. 3777 Civil 2011 (C.P. Monroe Co. Dec. 16, 2016 Williamson, J.), Judge David J. Williamson addressed a Motion to Enforce Settlement and, after reviewing the law of whether a valid contract of settlement had been reached between the parties, granted the same.  

Anyone wishing to review this decision may click this LINK.

 

Source: “Digest of Recent Decisions” Pennsylvania Law Weekly (May 30, 2017).  

Petition to Enforce Medical Malpractice Settlement Granted in Lackawanna County

In his recent decision in the medical malpractice case of Brink v. Mallik, No. 2013-CV-1314 (C.P. Lacka. Co. June 9, 2017 Nealon, J.), Judge Terrence R. Nealon reviewed the current status of the law of settlements in his assessment of a Petition to Enforce a settlement.  In the end, the court granted the Petition and found that an apparent unilateral mistake by one party as to the scope of the terms of the settlement did not support a denial of the Petition.

Anyone wishing to review this case may click this LINK.

TORT TALK PRACTICE TIP

CAREFULLY READ TRIAL MANAGEMENT ORDERS

When a Trial Management Order is issued read the Order in its entirety--Judges expect them to be followed to the letter. Immediately have all deadlines marked on your calendar.

Also mark a tickler on your calendar at least 45 days before the start of trial to re-read the Trial Management Order and get started on all materials that have to be filed by certain deadlines such as Trial Briefs, Motions in Limine, Proposed Voir Dire Questions, Proposed Points for Charge, and the like.

Take the time to draft an excellent Trial Brief that thoroughly advances your client's case and argues all anticipated legal issues in your client's favor.  There may come times during trial where the Judge, bored with the tedium of trial, may pick up your Trial Brief to skim or read to pass the time, all to the potential benefit of your client's case.