Wednesday, April 16, 2025

UPCOMING CLE FOR YOUR CONSIDERATION

 I thank Harris Bock for inviting me to present at his famous annual CLE this year.

I will be presenting an update on notable court decisions and trends in Pennsylvania personal injury litigation matters over the past year or so as highlighted on my Tort Talk Blog (www.TortTalk.com).

Need CLE credits?

Please consider registering for this seminar at which you can attend via Zoom on April 24, 2025.  The spots for live, in-person attendance have been sold out.

Thanks for considering -- hope to see you there.



 

GOLF TOURNAMENT AND/OR CLE -- PLEASE SUPPORT LACKAWNNA PRO BONO


 

Zero Verdict For Pain and Suffering Sent Back Down For a New Trial


In its non-precedential decision in the case of Banasiak v. Robinson, No. 2041 EDA 2023 (Pa. Super. Feb. 24, 2025 Olson, J., Dubow, J., and Lane, J.) (Op. by Olson, J.), the Superior Court sent a zero verdict case back down the appellate ladder for a new trial.

According to the Opinion, the Plaintiff was run over by the Defendant’s truck and eventually had to have a leg amputated.

At trial, a jury awarded the Plaintiff his medical expenses but award zero for pain and suffering.

The appellate court ruled that the zero award for pain and suffering was against the weight of the evidence. The court also found that the zero award to the Plaintiff’s wife for loss of consortium was likewise against the weight of the evidence.

Here, the court confirmed that the Defendant did not offer any expert evidence contesting the causation of the Plaintiff’s injury. The Superior Court also reiterated the rule of law that a jury cannot disregard an obvious injury.

The court found that there was no reasonable basis for the jury to believe either that the Plaintiff did not suffer pain or that the Plaintiff's pain was not caused by the Defendant’s negligence.

As such, the case was remanded to the trial court for a new trial.

Anyone wishing to review a copy of this non-precedential decision may click this LINK.


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

Monday, April 14, 2025

Court Rejects Summary Judgment For Open and Obvious Condition in Trip and Fall Case


In the case of Knepp v. Wal-Mart Stores East, L.P., No. 3:22-CV-144 (W.D. Pa. Feb. 28, 2025 Fischer, J.), the court denied a Motion for Summary Judgment in a case in which the Defendant relied upon the open and obvious doctrine relative to a trip and fall incident.

According to the Opinion, this matter arose out of an incident during which the Plaintiff tripped over a pallet corner that was protruding out from a watermelon display.  The Plaintiff offered a liability expert who offered an opinion that the store's placement of the watermelon display in a store aisle with the corner of the pallet protruding out violated OSHA standards to keep walkways clear.  The expert also opined that the display created a tripping hazard for customers and employees alike.   

In denying the summary judgment motion, the court ruled that, even assuming that the condition that caused the Plaintiff to trip was open and obvious, summary judgment was denied in this case where a jury could decide that the Defendant was negligent because the Defendant had reason to expect that a business invitee could be distracted, could fail to discover, and/or could fail to remember what was obvious and, could thereby fail to protect himself or herself.

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


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


Source of image:  Photo by Bo Cho on www.pexels.com.

Thursday, April 10, 2025

UPCOMING CLE TO CONSIDER

 I thank Harris Bock for inviting me to present at his famous annual CLE this year.

I will be presenting an update on notable court decisions and trends in Pennsylvania personal injury litigation matters over the past year or so as highlighted on my Tort Talk Blog (www.TortTalk.com).

Need CLE credits?

Please consider registering for this seminar at which you can attend via Zoom on April 24, 2025.  The spots for live, in-person attendance have been sold out.

Thanks for considering -- hope to see you there.



 

Allegations of Recklessness Allowed to Stand in a Complaint


In the case of Lupin v. Evans Delivery Co., Inc., No. 3159-CV-2024 (C.P. Monroe Co. Jan. 21, 2025 C. Daniel Higgins, Jr., J.), the court overruled a Defendant’s Preliminary Objections against allegations of recklessness in a civil litigation matter.

The court reviewed the current status of the law and noted that, under Pa. R.C.P. 1019(b), allegations regarding malice, intent, knowledge, and other conditions of the mind may be generally alleged.

This court also noted that the Superior Court has concluded that allegations of wanton conduct is a condition of the mind that may be alleged generally. This court also noted that the Superior Court had held that, because allegations of recklessness are synonymous with allegations of wanton and willful misconduct, allegations of recklessness may also be alleged generally.

As such, the court overruled the Defendant’s Preliminary Objections.

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

Source: The Legal Intelligencer Common Pleas Case Alert, www.Law.com (March 20, 2025).