Golden Gavel Award for Mock Trial Coaching

This past weekend my wife, Anne, and I were honored to have recieved an unexpected award at the Ben Franklin Invitational Mock Trial Tournament at UPENN in Philadelphia where we were presented with the Golden Gavel Award.  The Award recognizes outstanding mock trial coaching and dedication to the program.

We thank our student team members for nominating us for this Award.

Anne and I have been working with the Abington Heights High School Mock Trial Team from Clarks Summit, PA for the past decade as our three sons worked their way through the high school and participated on the Mock Trial Team.  Our youngest son is currently on the team and will graduate next year.  

Over the past decade, the excellent students who have made up the Abington Heights High School Mock Trial Teams have one three State Championships and the only National Championship ever won by a High School Mock Trial Team from Pennsylvania in the 40 year history of the competition.

Anne and I truly believe that the high school mock trial competition put on by the Pennsylvania Bar Association changes the students' lives and teaches them skills that will help them for the rest of their lives (reading and writing analytical skills, public speaking, thinking on their feet) and also helps to greatly improve their self-confidence.

Please consider being a part of this competition by volunteering to be a Judge or a juror at a competition near you.  The students truly appreciate when lawyers come out and fill up the jury boxes for their competitions.

PLEASE REGISTER TO VOLUNTEER AS A MOCK TRIAL JUROR

 

Superior Court Addresses Statutory Privilege Related to Patient Safety Reports In Med Mal Cases

In the case of Boyle v. Mainline Health, Inc., No. 2454 EDA 2023 (Pa. Super. Sept. 10, 2025 Lazarus, P.J., King, J., and Lane, J.) (Op. by King, J.), the Pennsylvania Superior Court ruled that a failure to provide a Patient Safety Report (PSRS) to the hospital’s Patient Safety Committee or governing board meant that the hospital could not rely upon the statutory privilege under the Medical Care Availability and Reduction of Error Act (MCARE). 

The court otherwise ruled that the creation of other records as part of a patient safety evaluation system did trigger the privilege under the Patient Safety and Healthcare Quality Improvement Act (PSQIA). As such, the discovery Order of the trial court was affirmed in part and reversed in part.

This matter arose out of a medical malpractice action in which the Plaintiff’s alleged that there child suffered birth injuries. During the discovery, the Plaintiffs sought documents related to the investigation of the baby’s delivery. 

In response, the Defendants produced a privilege log identifying four (4) responsive documents, the Patient Safety Occurrence Worksheet, the Situation Background Assessment/Recommendations, the Patient Safety Reporting System, and the Potential Compensible Event Report. The Defendants asserted that these documents were privileged under the MCARE Act and the PSQIA. 

The Plaintiff responded with a Motion to Compel.

After the trial court granted the Plaintiff’s Motion to Compel, the case went up on appeal. As noted, the Superior Court affirmed in part and reversed in part.  The Superior Court found that the Defendants did not meet their burden of establishing the PSRS report arose out of a matter reviewed by a patient safety committed or governing board pursuant to their Section 311(b) MCARE Act responsibilities.  As such, the Defendants were required to disclose the PSRS report.

The appellate court also reversed the portion of the trial court's Order finding that the Defendants failed to establish that the PSQIA privilege applied to certain other documents.

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

The Concurring/Dissenting Opinion by Judge Lane can be viewed HERE.


Source: The Legal Intelligencer State Appellate Case Alert, www.Law.com (Sept. 30, 2025).

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

MOCK TRIAL JURORS NEEDED -- PLEASE CONSIDER VOLUNTEERING

 

Various Pre-Trial Motions in Limine Decided in Federal Court Trucking Accident Case

In the case of Kozak v. Klikuszewski, No. 4:21-CV-01609 (M.D. Pa. Nov. 5, 2025 Schwab, J.), the court decided a variety of Motions In Limine prior to a motor vehicle accident trial.

This matter arose out of an accident between the Plaintiff's car and the Defendant's tractor trailer during a snow squall on Interstate 80.   

Of note, the court denied the Defendant’s Motion for Bifurcation after finding that the Defendant offered no reason in support of bifurcation other that the Plaintiffs were claiming a serious injury. The court found this to be an insufficient reason to support a request for bifurcation.

The court also found evidence to support the claim to allow the punitive damages claims to go forward.

The court noted that, when there is a punitive damages claim against a supervisor, negligent supervision, hiring, and entrustment claims may also proceed.

The court additionally ruled that evidence of a driver’s past traffic citations and accidents was relevant to the Plaintiff’s claims for negligent hiring, retention, and entrustment. As such, that evidence was ruled as admissible.

Anyone wishing to review a copy of this decision may click this LINK.  The Court's companion Order can be viewed HERE.


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

Superior Court Addresses Crashworthiness Doctrine

In its non-precedential decision in the case of Amagasu v. Fred Beans Family of Dealerships, No. 1594 EDA 2024 (Pa. Super. Dec. 22, 2025 Olson, J., Dubow, J., and Beck, J.) (Op. by Olson, J.), the Pennsylvania Superior Court vacated a one billion dollar jury verdict in favor of the Plaintiffs in a products liability case.

According to the Opinion, this case arose out of a motor vehicle accident. In this product liability case against Mitsubishi, the Plaintiffs allege, in part, that the seat belt system and the low roof configuration of the vehicle, and other related structures were defective.

In its Opinion, the Pennsylvania Superior Court held, in part, that the trial court had erroneously instructed the jurors to apply a wrong legal standard, resulting in a verdict that was reached by the jury under an improperly reduced burden of proof.

The Superior Court noted that the jurors at the trial should have been instructed to apply the “crashworthiness” doctrine. This standard holds a vehicle manufacturer liable for injuries caused by design defects in their vehicles during accidents.

In this matter, the jurors were instead instructed to apply a general strict liability standard which had a lower burden of proof.

Accordingly, the Superior Court agreed with the defense argument that the trial court abused its discretion in electing to given only a traditional Section 402A strict products liability instruction.

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

I send thanks to Attorney Kenneth T. Newman of the Pittsburgh office of the Thomas Thomas & & Hafer, LLP law firm for bringing this case to my attention.

Court Grants Summary Judgment and Rejects Plaintiff's Reliance Upon Local Ordinance Requiring Ice and Snow Removal

In the case of Foxx v. City of New Castle, No. 11038 of 2023, C.A. (C.P. Lawr. Co. Hodge, J.), the court granted summary judgment in a premises liability case.

According to the Opinion, this matter involved a Plaintiff who left her residence and proceeded two (2) blocks to a Rite Aid pharmacy in a motorized wheelchair. As the Plaintiff approached the corner of one intersection, she attempted to proceed through a crosswalk but noted that snow was not cleared from the sidewalk. As a result, the Plaintiff was forced to cross the street in a different area and enter the Rite Aid parking lot utilizing a vehicle ramp. The Plaintiff was able to safely traverse that area and enter the store.

After leaving the store, the Plaintiff went to the end of the parking lot and stopped on the sidewalk as she noticed that it was full of snow and ice. Accordingly, she went back over to the same vehicle ramp that she had previously used to enter the parking lot. 

As she proceeded down to the bottom of the ramp, her wheels got caught in a hole which resulted in her falling from the motorized wheelchair and onto the street. The Plaintiff stated that she could not see the hole as it was slushy, dark brown water was coming down the street. 

Plaintiff later filed suit for her personal injuries.

The Defendant making the motion for summary judgment in this matter was the out-of-possession owner of the Rite Aid premises. The Defendant landowner asserted that its tenant was in possession of the premises and had the responsibility to repair and maintain the premises. The Defendant owner asserted that the tenant’s responsibility extended to the exterior facility such as the sidewalks and parking areas.

The Defendant asserted in its Motion for Summary Judgment that the Plaintiff had not presented any evidence that the Defendant, as a landlord out-of-possession, had breached any duty of care owed to the Plaintiff. 

The Defendant also asserted that the condition that allegedly caused the Plaintiff’s injuries was an open and obvious condition.

After reviewing the record before it, the court provided a detailed recitation of the current status of the premises liability law in this regard relative to a landlord out of possession. The court ruled that the record before it confirmed that the landlord out-of-possession had leased the premises to a tenant who exercises exclusive possession of the premises at the time. The lease agreement also required that the tenant was responsible for maintaining and repairing the premises including the sidewalk areas and the place where the Plaintiff was injured.

The trial court rejected the Plaintiff’s reliance upon a local ordinance regarding ice and snow removal in an effort to attach liability to the out-of-possession landlord.  The court found that the local ordinance did not appear to be applicable as the Plaintiff’s injuries were not sustained as an accumulation of snow and ice but due to the motorized wheelchair encountering a hole near the end of the vehicle ramp. The ordinance at issue appeared to only apply to ice and snow that rendered sidewalks dangerous to pedestrian travel.

It appears that, given the court’s decision on the landlord out of possession issue, it did not reach the open and obvious argument presented by the defense.

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


I send thanks to Attorney Gerald Connor of the Scranton office of the Margolis Edelstein law firm for bringing this case to my attention.

Source of image:  Photo by Damian McCoig on www.unsplash.com.