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.
Recent News
Tired Driver Can Face Punitive Damages
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
Theft of Hair Weaves Legal Analysis
Recently, in an unpublished opinion, a New Jersey appellate court in the case of Beauty Plus Trading Co. Inc. v. National Union Fire Insurance Co.
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.
Lessor Can't Pass the Buck to the Lessee
Plaintiff lawful guest at a rooming house while staying with a tenant there was injured by a loose metal strip on a staircase.
No Coverage for Independent Rideshare Driver
An exclusion in a State Farm Insurance policy barring coverage for accidents occurring while giving rides in exchange for money is not voided by the Pennsylvania Ridesharing Act because the driver was an independent contractor and not an employee of a rideshare operator. See a detailed summary of the case of Harley v. Ribers' Club Cooperative
Pennsylvania Court Provides Gateway for Insureds to Keep Lawsuits in State Court
The Eastern District of Pennsylvania recently issued a decision that may help insureds interested in having their cases heard in state court rather than allowing those cases to be removed to Federal Court. In the case, a plaintiff defeated diversity by naming both the insurer and the claims adjuster as defendants. See a detailed summary of the case and the decision in Dominique Ellis v. Liberty Mutual Insurance Company
PADC, PTLA and Philadelphia CCP Reach Accord on Various Issues
As some of our members may be aware, the PADC and PTLA have begun a series of joint meetings with the Philadelphia judiciary. The purpose of these meetings is to provide input to and solicit feedback from the judiciary on various topics of interest both to the bench and the bar.
Lawful Possession Not Found for Vehicle Passenger
Pennsylvania's Superior Court holds that an insured riding as a passenger in a non-owned car did not have "possession" of the car for liabilty coverage purposes where she temporarily grabbed the car's steering wheel from the driver causing the car to colide with anoither vehicle. See a detailed summary of the case of State Farm Mutual Autonobile Insurance Company v. Dooner