Motion To Dismiss Granted in Favor of Lyft in Case Where Lyft Driver Assaulted Passenger

In the case of Matos v. Uber Technologies, Inc., No. 23-5038-KSM (E.D. Pa. Feb. 3, 2025 Marston, J.), the court granted a Motion to Dismiss filed by a ride share Defendant in a case where the Plaintiff passenger was assaulted by the driver.

The court noted that, under Pennsylvania law, a ride share Defendant is not automatically liable anytime a driver hired over its App commits an assault.

The Plaintiff was noted to have failed to pled prior bad acts of the driver that should have put the Defendant on notice of the driver’s alleged dangerous propensities as required to prove a claim of negligent hiring.

The court noted that evidence of prior automobile accidents by the driver are not proof of violent propensities.

The court additionally found that there was no independent action for respondeat superior under the facts alleged.

The court additionally found that the act of assault passengers was not within the scope of a ride share driver’s employment.

The court otherwise found that the Plaintiff did not allege facts sufficient to establish a duty to train a driver on something as elementary as not assaulting passengers.

Anyone wishing to review a copy of this decision may click this LINK.


I send thanks to Attorney James M. Beck of the Philadelphia office of the Reed Smith law firm for bringing this case to my attention.

Superior Court Addresses Issues of Informed Consent in Medical Malpractice Cases

In the case of McAleer v. Geisinger Medical Center, No. 1542 MDA 2023 (Pa. Super. Jan. 28, 2025 Panella, P.J.E., Lane, J., and Steven, P.J.E.) (Op. by Panella P.J.E.), the court reversed a trial court’s entry of summary judgment in favor of the Defendants in a medical malpractice action.

According to the Opinion, the Plaintiffs alleged that a Defendant doctor performed a surgical procedure that was not indicated according to the standard of care.

The trial court granted summary judgment after the Defendants had argued that the only claims that were supported by the Plaintiff's experts were those concerning informed consent surgery.  The Defendants asserted that the Plaintiff had not pled informed consent claims against the Defendants.

The Superior Court noted that, essentially, the trial court had concluded that the Plaintiff's claims were in the form of a batter involving lack of informed consent regarding the surgery and treatment, and not negligence, and, on that basis, the trial court had entered summary judgment.

In reviewing the case before it, the Superior Court found issues of fact that precluded the entry of summary judgment and remanded the case for further proceedings.   

As part of its decision, the appellate court directed the trial court to revisit its determination that a gastroenterologist was to qualified to render an expert opinion on the care provided by a colorectal surgeon.  The trial court was advised to review the section of the MCARE Act outlining qualificatons of experts in medical malpractice cases as found under 40 Pa.C.S.A. Section 1303.512 ("Section 512").

Anyone wishing to review a copy of this decision may click this LINK.


Source: “The Legal Intelligencer State Appellate Case Alert,” www.Law.com (Feb. 18, 2025).

Abington Heights High School Mock Trial Team Wins Fourth District Championship in Five Years

Happy and Proud to report that the Abington Heights High School Mock Trial Team won their District Championship Trial last night and are on their way to the Regional Championship.

This is the 4th District Championship for the Abington Heights High School Mock Trial Team in the past 5 years.

This District Championship is all the more impressive given that the Abington Heights High School Mock Trial Team lost six seniors from last year's National Championship Team.

Above is a picture of the entire Team celebrating their win last night in Courtroom 3 of the Lackawanna County Court of Common Pleas. (That's my son, Christopher, in the back row, fourth person from the left).

Way to go Team -- Keep soaring through the night sky like the COMETS you are!!

Sending THANKS to the Mackenzie Wilson, the District Coordinator, and the Lackawanna Bar Association for all they do to make this program a success.  Thanks also to all the Judges and Attorneys and others who volunteered to serve as Judges and Jurors.

Federal Court Addresses Recoverability of Future Medical Expenses in a Motor Vehicle Accident Case

In the case of Morris v. Sutton, No. 2:23-CV-02806-GAM (E.D. Pa. Feb. 19, 2025 McHugh, J.), an Eastern Federal District Court judge ruled that 75 Pa. C.S.A. §1722 did not bar the recovery of future medical expenses under the Pennsylvania Motor Vehicle Financial Responsibility Law.

Judge Gerald A. McHugh noted that the Pennsylvania Supreme Court has not yet addressed this particular issue. However, the judge noted that other court decisions that he had reviewed that considered similar arguments has concluded that §1722 does not apply to future medical expenses that have not yet been incurred. As such, the judge held that §1722 has no applicability to future medical expenses.

Judge McHugh noted that §1722 provides that individuals injured in a motor vehicle accident, who have other sources of insurance to cover their medical expenses, are barred from recovering certain benefits that are “paid or payable.”

The Plaintiff argued in this case that given that the future medical bills have not yet been incurred, it was speculative as to whether or not such future medical bills will be “payable” under any applicable insurance.

The judge agreed with this speculation argument. The court noted that “[f]rom a practicable perspective, it is not just the existence of coverage for future medical expenses that is speculative, but also the terms of any such coverage and how it would apply, as changes in eligibility and changes in the terms of coverage such as deductible sand co-pays are impossible to predict.”

In rendering his decision, Judge McHugh referred to the Pennsylvania Superior Court decision in the case of Farese v. Robinson, 222 A.3d 1173, 1189 (Pa. Super. 2019). In that case, the Pennsylvania Superior Court concluded that damages for future medical care were not limited by the MVFRL’s containment provisions under a different provision of the law.

In the end, the court denied the Defendant’s Motion to Preclude the Plaintiff from introducing evidence of future medical expenses by finding that §1722 does not apply to future medical expenses as a matter of law.

As an aside here, it is noted that the court in Morris apparently was not provided by counsel, and did not find on its own, the decision of Orzel v. Morgan, No. 03-CV-4929 (C.P. Lacka. Co. 2003 Nealon, J.), by Judge Terrence R. Nealon of the Lackawanna County Court of Common Pleas. In that decision, Judge Nealon addressed, in part, a defense argument that §1722 precludes the Plaintiff from recovering damages for future medical bills since those costs were payable by her then existing private health insurance. Judge Nealon noted that, instead, the Plaintiff’s future medical expenses award would only be molded to the extent that Plaintiff had first party medical benefits coverage remaining under her own automobile insurance policy.

Anyone wishing to review a copy of Morris decision may click this LINK.


Anyone wishing to review other similar decisions on this issue of whether a motor vehicle accident Plaintiff can recover future medical expenses may click this LINK to get to other Tort Talk blog posts on other such cases. Those Tort Talk blog posts should have links to those other decisions.


Source: Article: “Cost Containment Provision Doesn’t Bar Recovery For Future Medical Expense, Pa. Fed. Judge Rules” by Riley Brennan of the Pennsylvania Law Weekly (Feb. 20, 2025).

Source of image:  Photo by Jennifer Uppendahl on www.unsplash.com.

Trial Court Addresses Parameters for Completion of IME of a Plaintiff Who Resides Out of State

In the case of Seifert v. Whitfield, [Docket Number Not Provided in Decision] (C.P. Chester Co. May 16, 2024 Binder, J.), the court addressed a Defendant’s Motion to Compel a Plaintiff, who was a resident of Florida, to attend an independent medical examination to be performed by a physician located in Pennsylvania. The parties disputed whether the Defendant should bear the costs related to the travel to complete the IME.

The court noted that Pa. R.C.P. 4010 permits a party to require another party to attend an IME under appropriate circumstances. The Rule, however, is silent as to which party bears the cost related to traveling for an IME.

Relying upon case law from other similar situations, the court in this case ordered that the Defendants could require a Plaintiff to attend an IME within one hundred (100) miles of her own residence without having to pay the Plaintiff's costs related thereto.

The court found that the Defendant could also elect to require the Plaintiff to attend an IME in Pennsylvania, in which case, the Defendants would have to pay for the Plaintiff’s reasonable costs for flights, lodging and ground transportation.

The court also noted that the Defendants could require the Plaintiff to attend an IME in Pennsylvania on the day before trial, or on a day that the Plaintiff is visiting Pennsylvania, in which case, the Defendants would not have to pay for the Plaintiff’s cost related to attending the IME.

Anyone wishing to review a copy of this decision may click this LINK.

Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (Feb. 13, 2025).

Source of image:  Photo by Cottonbro on www.pexels.com.

A Good Day For Allegedly Bad Lawyers

In the case of Office of Disciplinary Counsel v. Anonymous Attorney, [Docket No. Withheld by Court] (Pa. Feb. 12, 2025) (Op. by Donohue, J.) (concurring Opinion by Wecht, J.), the Pennsylvania Supreme Court clarified the standard of proof in a disciplinary hearing for attorney misconduct and opted for a higher burden.

According to the Opinion, prior to this ruling, the previously accepted standard of proof of the disciplinary cases against attorneys was “a preponderance of the evidence through clear and satisfactory evidence.”

In this case, the Pennsylvania Supreme Court held that the burden of proof of disciplinary cases going forward should be “clear and convincing evidence.”

In ruling in this fashion, the court noted that “[a]ttorney disciplinary proceedings are not civil disputes for money damages, and the public’s and the attorney’s interests are not clearly minimal.” The court otherwise noted that “[d]isciplinary proceedings are not strictly civil nor criminal in nature, but rather have been styled as ‘quasi criminal.’”

Anyone wishing to review a copy of this decision may click this LINK.  A copy of Justice Wecht's Concurring Opinion can be viewed HERE.


Source: “Pa. High Court Rules in Favor of Higher Standard for Proving Attorney Misconduct,” By Aleeza Furman of The Legal Intelligencer (Feb. 26, 2025).

BRING YOUR CASE TO A CLOSE

 BRING YOUR CASE TO A CLOSE

DANIEL E. CUMMINS, ESQ.

570-319-5899

dancummins@CumminsLaw.net

Contact CUMMINS MEDIATION SERVICES to set up your Mediation to bring your case to a close.

Who better to get an insurance company to increase their award

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