To Be An Invitee Requires An Invitation

The Pennsylvania Superior Court recently affirmed a trial court’s defense verdict after a resident in a townhome community brought an action against the homeowners association after she tripped and fell on branches located on the steps to a common area.

Can a Homeowners Association Member Be Deemed an Invitee in the Common Areas of His/Her Own Community?

The plaintiff, a resident of the defendant homeowners’ association, brought suit to recover for injuries she sustained after she fell in a common area leading to her town home in a residential community managed by the defendant. The residential community in which she lived is a mixed town home/single family residence community. The plaintiff claimed that she could not see branches in the dark as she climbed the steps that evening. After two days of trial, the jury found that the defendant homeowners’ association was not negligent.

PA Supreme Court Redefines "Operation" for Vehicle Liability Exception to Governmental Immunity

The Supreme Court of Pennsylvania recently issued a decision that will make it easier to file a lawsuit against state government agencies involved in car accidents. The Court considered whether the involuntary movement of a vehicle constitutes an operation of a motor vehicle for purposes of the vehicle liability exception to governmental immunity under 42 Pa.C.S. § 8542(b)(1).

The Only Exception (To a Policy Exclusion)

A Pennsylvania court held it is the insured’s burden to establish that an exception to an exclusion is applicable, thus, placing its claim within the coverage of an insurance policy. For a detailed summary of Jack Troki Dev. Co. v. Robert H.

Tired Driver Can Face Punitive Damages

A Pennsylvania Court of Common Pleas found that a driver knowingly operating a motor vehicle while fatigued was sufficient to support the award of punitive damages. For a detailed summary of Livingston v.

What is "Lawful Possession" of a Vehicle?

The Pennsylvania Superior Court recently analyzed the circumstances under which an insured is in “possession” of a vehicle for coverage purposes. For a detailed summary of the case of State Farm Automobile Insurance Co. v.

Frozen Pizza Quest No Reason for Fall

Recently, a Pennsylvania court evaluated a grocery store’s liability for injuries caused by known or obvious conditions.

The Plaintiff was shopping in a grocery store when she tripped and fell on a pallet displaying cases of water in the middle of the frozen

Be Careful Who You Join

There are often many entities potentially at fault for construction accidents. As a result, defendants often seek to join additional defendants that may not have been sued in order to reduce their liability. Joinder is a great strategy for limiting liability, but care must be taken that those sought to be joined actually share some part in causing a single injury.