Author Archives: Brad Pinzur
Pennsylvania Court Holds University Did Not Owe Duty to Prevent Cheerleader’s Injury During Camp Supervised by Cheerleading Academy Instructors
In a case before the Superior Court of Pennsylvania, the court addressed the duty of care owed by a university for injuries suffered by an incoming freshman cheerleader during camp practice. In a negligence lawsuit, the plaintiff must show that the defendant owed a duty of care and breached that duty. Here, the court… Read More »
Pennsylvania Court Affirms Plaintiff Not Entitled to New Trial When Jury Found Car Accident Did Not Cause Harm
The Pennsylvania Superior Court recently addressed whether a plaintiff in a personal injury lawsuit was entitled to a new trial against her automobile insurance company. In this case, the court analyzed whether the alleged error at the trial court level affected the jury’s verdict regarding causation. After applying the two-part test, the court found… Read More »
Pennsylvania Court Affirms Subrogation Rights of Employer Prevent Double Recovery For Injured Worker Receiving Medical Malpractice Proceeds
In a recent case before the Pennsylvania Commonwealth Court, the issue was whether an employer and its workers’ compensation insurance company were entitled to subrogation of the proceeds for a medical malpractice settlement awarded to an injured employee. Subrogation is a right to pursue a third party. In this case, the court focused on… Read More »
Pennsylvania Court Affirms Employer’s Insurance Company Entitled to Subrogation Against Third Party Tortfeasor When Third Party Paid for Motor Vehicle Insurance Policy
In a recent case before the Pennsylvania Commonwealth Court, the issue centered on whether an employer was entitled to subrogation from a third party in an underlying workers’ compensation case. Pennsylvania workers’ compensation law provides that an employer has the ability to subrogate, or recover as though they were in the position of the… Read More »
Pennsylvania Court Holds that Sanctions and Preclusion from Admission of Evidence Were Disproportionate to Discovery Violation
In a recent case, the Pennsylvania Superior Court addressed the issue of discovery sanctions following a negligence lawsuit stemming from a motor vehicle accident. Pennsylvania law holds that sanctions are appropriate when they are proportional to the violation of the discovery rule. Michael Hass alleged that Marvin Reinert was driving a farm tractor that… Read More »
Pennsylvania Court Holds Dangerous Condition Derived From Conduct of City Employees and Not Condition of Property
In a case before the Commonwealth Court, the issue was whether the City of Reading was immune from liability in a negligence lawsuit. The general rule is that local agencies are immune from tort liability, such as negligence actions, under Pennsylvania law. Exceptions to this immunity exist, and the one at issue in this… Read More »
Pennsylvania Appeals Court Holds Workers’ Compensation Insurer Cannot Bring Claim Against Tortfeasor
In a recent case before the Pennsylvania Superior Court, the court addressed whether a workers’ compensation insurer can bring a cause of action against a tortfeasor when the insured/employee has not brought an action, nor been named in the complaint. Liberty Mutual Insurance (Liberty) appealed from an order granting SAC, Inc.’s Renewed Motion for… Read More »
Pennsylvania Appeals Court Finds Credible Testimony May Have Proven Disability
In a case before the Pennsylvania Commonwealth Court, the issue was whether a work injury had caused a compensable disability. Alex Ingrassia was injured in the course and scope of his employment. He sought appellate review of a determination by the Workers’ Compensation Judge and Board that he failed to prove that his injury… Read More »
Pennsylvania Superior Court Remands for New Trial as Plaintiff Demonstrated Sufficient Evidence of Causation
Recently, the Pennsylvania Superior Court reversed and remanded a case involving an underlying negligence action. In this case, Darrin Ulmer appealed the trial court’s entry of a nonsuit. He also challenged other procedural and evidentiary rulings in favor of L.F. Driscoll Company and Philadelphia D&M. Mr. Ulmer’s employer, an elevator corporation, was a hired… Read More »
Pennsylvania Superior Court Holds that General Contractor is Employer and Immune from Tort Liability
Recently, the Pennsylvania Superior Court addressed whether a general contractor is a statutory employer and therefore immune from tort liability under the Pennsylvania Workers’ Compensation Act. The facts of this case involve a workplace accident. While working, Joseph Tufaro slipped and fell on snow and ice, sustaining a back injury and nerve damage to… Read More »
