Author Archives: Brad Pinzur
Pennsylvania Court Holds Maryland Has Significant Interest in Litigating Personal Injury Lawsuit Involving Maryland Business
The Pennsylvania Superior Court recently determined a case involving a choice of law between Pennsylvania and Maryland in a personal injury lawsuit. Significantly, in this case, the issue of which state law applied significantly affected the outcome of the case. While the accident at issue took place in Maryland, the injured victim was a… Read More »
Pennsylvania Court Reviews Definition of “Leased Worker” for Insurance Purposes in Injury Lawsuit, Finds in Favor of Insurance Company
In a recent case before the Pennsylvania Superior Court, an underlying workplace injury claim developed into an insurance dispute. At issue was whether an insurance company’s exclusion violated public policy, and whether their definition of a “borrowed employee” already had been litigated in a lower court. The appellate court reviewed the record, finding in… Read More »
Pennsylvania Court Reverses Dismissal of Negligence Lawsuit for Discovery Sanction
In a recent case, the Pennsylvania Superior Court addressed a lower court’s dismissal of a negligence action for discovery violations. The court examined the four factors applied to discovery violations in order to determine the severity of the sanctions. In this particular lawsuit, following a motor vehicle collision, the plaintiff allegedly failed to appear… Read More »
Pennsylvania Court Holds that Insurance Dispute Following Car Accident Centers on Amount of Damages and is Arbitrable Under the Policy
Insurance disputes often center on coverage issues regarding whether an individual is insured and therefore covered by the relevant policy. In some cases, the insured has waived their coverage, particularly underinsured motorist coverage. A recent case before the Pennsylvania Superior Court addressed whether an insurance company can choose not to arbitrate a claim by… Read More »
Pennsylvania Court Holds Jury is Free to Disbelieve Car Accident Victim’s Alleged Pain and Suffering
In a recent case before the Pennsylvania Superior Court, the issue was whether the jury had properly weighed the evidence in granting its award for damages to a motor vehicle accident victim. After reviewing the record before the trial court, the appellate court stated the rule that a jury is not required to award… Read More »
Pennsylvania Court Holds in Favor of Mountain Resort as Injured Plaintiff Fails to Demonstrate Existence of Dangerous Condition
In a recent case before the Pennsylvania Superior Court, the court reviewed a grant of summary judgment in favor of a mountain resort in a slip and fall negligence lawsuit. This case involved the plaintiff’s allegations of a dangerous condition on the premises of a mountain resort. On appeal, the court analyzed whether the… Read More »
Pennsylvania Court Holds Exculpatory Clause on Reverse of Membership Agreement Unenforceable
Recently, the Pennsylvania Superior Court addressed the validity of an exculpatory clause within a gym membership agreement. Exculpatory clauses and waivers of liability are enforceable, provided they are conspicuous. In certain circumstances, the waiver provision can be enforced even when it is unread, if a reasonable person should have noticed the clause. In this… Read More »
Pennsylvania Court Finds Worker Suffering Cumulative Trauma Provided Employer Sufficient Notice of Injury
In a recent case before the Pennsylvania Commonwealth Court, the court addressed whether a workers’ compensation claimant provided sufficient and timely notice of his work injury to his employer. Since the claimant suffered a cumulative trauma from a previous job, he contended that he provided notice once he learned that the trauma was indeed… Read More »
Pennsylvania Court Finds Employer Received Notice of Amendment to Employee’s Original Work-Related Injury
In a recent case before the Commonwealth Court, the court addressed whether an injured employee’s diagnosed shoulder injury was to be included in the original claim for the work-related accident. The court stated that an amendment is corrective if it adds a diagnosis that is part of the original work injury. But if the… Read More »
Pennsylvania Commonwealth Court Upholds Finding that Firefighter’s Lung Disease May Not Have Been Caused by Occupation
The Commonwealth Court of Pennsylvania recently analyzed whether a lower court properly rejected a workers’ compensation claim by a firefighter of over 22 years. The Pennsylvania Workers’ Compensation Act includes a definition of occupational disease that states that firefighters of more than four years who develop diseases of the lungs and heart are presumed… Read More »
