Author Archives: Brad Pinzur
Pennsylvania Court Upholds Vicarious Liability and Corporate Negligence Claims in Wrongful Death Case
In a recent case, the Pennsylvania Superior Court addressed allegations of vicarious liability and corporate negligence against a hospital and its treating physicians. Procedurally, the administrator of the estate of Mr. Arthur Denmark appealed from a trial court dismissal of his claims against a hospital and its entities. Mr. Hurst, the administrator, named four… Read More »
Pennsylvania Court Reverses Summary Judgment When Factual Issue Remains on Business Owner’s Duty to Invitee
In a negligence case, the Pennsylvania Superior Court addressed the duty owed by a landowner to a business invitee. Here, an accident occurred in which Tanya Roulhac, the driver of a minivan, ran her vehicle into Tracy Truax, who was on the sidewalk outside Madd Anthony’s Bar in Monroe County, Pennsylvania. Ms. Truax was… Read More »
Pennsylvania Court Holds that Injured Plaintiff is Not Entitled to New Trial Based on Jury Decision Not to Award Future Medical Damages
In a personal injury lawsuit before the Superior Court of Pennsylvania, the plaintiff, Sean Armstrong, appealed the judgment entered in favor of defendant Sebastiano Augello. Mr. Armstrong sought damages from Mr. Augello for a car accident. Mr. Augello disputed not his liability but the nature and extent of the damages claimed by Mr. Armstrong…. Read More »
Pennsylvania Court Grants New Trial Where Defendant Prejudiced by Failure to Apportion Fault
Recently, the Pennsylvania Superior Court reviewed a judgment in favor of a woman who had been injured while leaving a swim club. In this case, Maryann Dunlap was leaving the Ridley Park Swim Club (the Club) when a dead and decaying tree fell on her, causing serious injuries. Before the accident, the tree stood… Read More »
Pennsylvania Court Affirms Judgment Excluding Expert Testimony in Medical Malpractice Case
In a case involving medical malpractice, the Pennsylvania Superior Court determined whether the trial court abused its discretion by precluding the defendant doctor from offering expert witness testimony in the field of radiology. At issue was whether the doctor held sufficient qualifications and expertise, beyond what is considered ordinary. Dr. Andrew Albert, an anesthesiologist,… Read More »
Pennsylvania Court Affirms Employer Entitled to Offset of Claimant’s Benefits
In a recent case, the Pennsylvania Commonwealth Court addressed the issue of when and how an employer may recoup benefits when an employee has a change in their benefits. The Pennsylvania Workers’ Compensation Law provides that an employer is entitled to an offset for pension benefits, to the extent it funded those benefits. While… Read More »
Pennsylvania Court Affirms Employee’s Treatment for Injuries is Compensable
In a recent case before the Pennsylvania Commonwealth Court, the court partially affirmed the lower court’s decision to compensate an employee for her injuries. Here, Sandra Sloane (Claimant) and her employer, the Children’s Hospital of Philadelphia (Employer), both appealed the order of the Workers’ Compensation Appeal Board that affirmed in part and reversed in… Read More »
Pennsylvania Commonwealth Court Holds An Employee’s Attempts to Render Aid to an Injured Co-Worker Fall Within the Course and Scope of His Employment
Recently, the Commonwealth Court addressed the issue of whether an employee claimant who injured his left leg, knee, foot, ribs, back, head, and lungs while attempting to aid another co-worker was within the course and scope of his employment under the Workers’ Compensation Act. In this case, the employer had a contract to install… Read More »
Pennsylvania Appeals Court Holds that Simple Interest Applies in Workers’ Compensation Cases, Compound Interest Only When Provided by Contract or Statute
In a recent case, the Commonwealth Court addressed the issue of whether compound or simple interest accrues on an employee’s past due compensation. Interest is compounded when interest is added to the principal, and then interest is charged on the aggregate. The appeals court turned to the Workers’ Compensation Act and reviewed case law… Read More »
Pennsylvania Appeals Court Holds that Construction Industry Employee is Not Independent Contractor and is Eligible for Workers’ Compensation Benefits
Recently, the Commonwealth Court affirmed a decision by a workers’ compensation judge (WCJ) granting a claim petition on behalf of an injured housepainter. The issue in this case was whether the housepainter was an independent contractor or an employee, under the Construction Workplace Misclassification Act. The employer denied that he and the claimant had… Read More »
