Author Archives: Brad Pinzur
Pennsylvania Appeals Court Affirms State Court Lacks Jurisdiction over Employee Injured Outside of Pennsylvania
In a recent case before the Pennsylvania Commonwealth Court, the court addressed the issue of awarding workers’ compensation benefits for extraterritorial work-related injuries. Here, William Watt’s claim for workers’ compensation was denied and dismissed on the grounds that it lacked jurisdiction. Mr. Watt (Claimant) argued that the Workers’ Compensation Judge erred when they held… Read More »
Pennsylvania Supreme Court Holds Casino Valet Service Owed No Duty to Visibly Intoxicated Driver Due to Relationship and Loss of Control
In a case of first impression, the Pennsylvania Supreme Court affirmed a lower court’s decision concerning the liability of a casino’s valet service after returning a vehicle to an allegedly intoxicated individual. The son of the deceased, Moranko, brought a wrongful death and survival action, alleging that the valet service negligently served Moranko alcoholic… Read More »
Pennsylvania Superior Court Upholds Student’s Recovery Against University in Slip and Fall Case
Property owners, including colleges and universities, must use reasonable care in maintaining their premises. The Superior Court of Pennsylvania recently affirmed a decision in favor of a student who slipped and fell backwards while descending an exterior flight of stairs on campus. She brought a lawsuit against the university, alleging negligence. Both sides presented… Read More »
Pennsylvania Superior Court Finds Mention of “Insurance” During Auto Accident Lawsuit Not Necessarily Grounds for Mistrial
Auto insurance policies compensate victims of a car accident and help the at-fault party avoid litigation and personal liability. In the event of a personal liability lawsuit, Pennsylvania’s Rules of Evidence state that evidence that a person was or was not insured is not admissible to prove negligence. The Pennsylvania Supreme Court recently reviewed… Read More »
Pennsylvania Court Affirms Pain and Suffering Damages Under the Tort Claims Act When Bicyclist is Permanently Disabled
In a recent case, the Commonwealth Court of Pennsylvania affirmed an award of damages for pain and suffering to an injured bike rider, based on the finding that she was permanently injured by the accident. Ms. Hutto, the plaintiff, was riding her bicycle when a tow truck owned and operated by the Philadelphia Parking… Read More »
Pennsylvania Commonwealth Court Holds that Employer is not Required to Secure Claimant’s Agreement on Physician
A recent case before the Commonwealth Court involved the issue of whether an employer must secure a claimant’s agreement on an impairment rating evaluation (IRE) physician. The IRE evaluation is used to determine a change in the claimant’s disability status, and standards for conducting the IRE are set forth in the Workers’ Compensation Act…. 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 Appellate Court Holds the Cause of Personal Injury, Not the Conduct of the Insured, Triggers an Insurer’s Motor Vehicle Exclusion
Insurance policies provide coverage for certain, spelled-out risks. But coverage is not exhaustive, and it is important to read insurance policy exclusions carefully. A recent Pennsylvania appellate decision held that the motor vehicle exclusion in a homeowner insurance policy excluded coverage for fatalities suffered in accidents involving a motor vehicle owned by the insured…. Read More »
Pennsylvania Appeals Court Affirms Judgment in Favor of Transportation Agency As Evidence Fails to Overcome Jerk and Jolt Doctrine
A recent case in the Commonwealth Court of Pennsylvania involved the “jerk and jolt doctrine,” a phrase applicable to the movement of a trolley car involved in a passenger’s accident. The doctrine provides that there must be more than a jerk or jolt to a moving trolley car to establish negligence. The movement must… Read More »
Pennsylvania Superior Court Affirms “Absentee” Landlords Owed No Duty to Injured Guest
Personal Injury Lawyers To bring a claim of negligence, a plaintiff must first show that the defendant owed them a duty or obligation recognized by law. In a recent case, the Superior Court upheld the rule that a landlord owes no duty to tenants or third parties who are injured on the property, and… Read More »
