DEADLINE TO SECURE EARLY REGISTRATION DISCOUNT FOR LACKAWANNA PRO BONO GOLF TOURNAMENT EXTENDED

 

Superior Court Clarifies Application of Doctrine of Forum Non Conveniens

In the case of Duxbury v. Reconstructive Orthopedic Assoc. II, P.C., No. 2876 EDA 2024 (Pa. Super. March 25, 2026 Bowes, J., Murray, J., and Beck, J.) (Op. by Beck, J.), the Pennsylvania Superior Court addressed an appeal from an Order entered by the Philadelphia County Court of Common Pleas in a medical malpractice case granting a Motion to Dismiss under the doctrine of forum non conveniens filed by the Defendant. The trial court had directed that the action be refiled in New Jersey.

The Plaintiffs argued that the trial court erred in its application of the existing precedent regarding the doctrine of forum non conveniens. The Plaintiffs more specifically argued that a review of the facts under a correct application of the doctrine did not support the transfer of the action to New Jersey.

On appeal, the Pennsylvania Superior Court reversed the trial court’s Order and remanded the case for further proceedings in the Philadelphia County Court of Common Pleas. Here, the court noted that the trial court was obligated to further weigh the circumstances linking the case to Pennsylvania to determine whether Pennsylvania was an inconvenient forum, and not simply review whether New Jersey was a more convenient forum for the Defendants.

In other words, the court noted that Pennsylvania law requires that, when courts review arguments under the doctrine of forum non conveniens, at least in a case involving two (2) separate states as here, the court is required to consider the relative convenience of allowing the claim to proceed in either of the states at issue.

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


Source: The Legal Intelligencer State Appellate Case Alert, www.Law.com (April 14, 2026).

Pennsylvania Supreme Court Rules that Sexual Abuse Exception To Governmental Immunity Only Applies to Minor Victims

Capitol Building
Pennsylvania Supreme Court

In the case of City of Philadelphia v. J.S. Sr., No. 34 EAP 2024 (Pa. March 26, 2026) (Op. by McCaffery, J.), the Pennsylvania Supreme Court considered the parameters of the sexual abuse exception to the general governmental immunity from tort claims as set forth in Section 8542(b)(9) of the Political Subdivision Tort Claims Act.

This matter arose out of claims by an adult Plaintiff alleging that the Plaintiff was subjected to sexual abuse or assaults while the Plaintiff was incarcerated. The record before the court confirmed that the Plaintiff was not a minor at the time of the alleged abuse.

The more specific issue addressed by the Pennsylvania Supreme Court is whether this waiver of the immunity afforded to governmental agencies under the sexual abuse exception applies when the victim of the sexual abuse is an adult, or whether the waiver of immunity is limited to only those cases involving sexual abuse committed against a minor.

As noted in Justice Wecht's Concurring Opinion, "[t]he sexual-abuse exception to the Political Subdivision Tort Claims Act applies to '[c]onduct which constitutes an offense enumerated under Section 5551(7).'  The offenses enumerated in Section 5551(7), in turn, require that 'the victim was under 18 years of age at the time of the offense.'"

In the end, the Pennsylvania Supreme Court ruled that the unambiguous language of Section 8542(b)(9) waives immunity in favor of political subdivisions or their employees only if the Plaintiff was a minor at the time of the sexual abuse.

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


Source: The Legal Intelligencer State Appellate Case Alert, www.Law.com (April 14, 2026).



Source of image: Photo by Lacey Reapsome on www.unsplash.com.

HAPPY BIRTHDAY TORT TALK

Tort Talk was created 17 years ago today back in 2009.  There have been over 4,600 blog posts on Tort Talk and the blog is still going strong.

Sending thanks out to all the Tort Talkers who read Tort Talk and refer to it to begin and streamline your legal research.  

And thank you to all who have provided tips on important cases and copies of the same so that they can be publicized on Tort Talk for the benefit of all who practice civil litigation in Pennsylvania.

EARLY REGISTRATION DISCOUNT EXPIRES ON MAY 8TH

Recklessness Claims Allowed to Proceed in Case Where Defendant Driver Was Driving While Wearing Medical Boot

In the case of Shea v. Magar, No. 2025-CV-7877 (C.P. Lacka. Co. March 31, 2026 Gibbons, P.J.), President Judge James A. Gibbons of the Lackawanna County Court of Common Pleas addressed Preliminary Objections filed by a Defendant against allegations of recklessness in a motor vehicle accident case.

According to the Opinion, this case matter involved a rear-end accident case. The Defendant was  allegedly wearing a medical boot at the time of the accident against doctor’s orders.  During the course of the accident, the Defendant hit the accelerator with the medical boot instead of the brake.

The court followed the current trend and relied upon the case of Monroe v. CBH2O, LP, 286 A.3d 785, 799 (Pa. Super. 2022) (en banc), and held that, at the pleadings stage, a plaintiff is permitted to make a general averment of gross negligence or recklessness as long as negligence is alleged. 

As such, the court overruled the Defendant’s Preliminary Objection in this regard.

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


I send thanks to Attorney Brian J. Walsh of the Scranton law firm of Blake & Walsh for bringing this case to my attention

Court Addresses Various Pleadings Issues in a Medical Malpractice Case, Including Allegations of Recklessness

In the case of Limon v. Kontizer, No. 2025-CV-8657 (C.P. Lacka. Co. March 30, 2026 Powell, J.), the court addressed various Preliminary Objections filed by Defendants in a medical malpractice case.

According to the Opinion, this wrongful death medical malpractice case was filed relative to the Plaintiff’s decedent’s treatment in the form of an upper GI endoscopy. According to the Complaint, the Plaintiff alleged that the various medical Defendants failed to properly diagnose, treat, and prevent aspiration pneumonia, sepsis, and multi-organ dysfunction, all of which allegedly led to the Plaintiff’s decedent’s death.

In their Preliminary Objections, the Defendants sought the dismissal of claims for reckless conduct and punitive damages, as well as claims grounded in vicarious liability and negligence.

The court overruled all of the Preliminary Objections filed.

Relative to the claims of recklessness and for punitive damages, the court held that, under Pa. R.C.P. 1019(b), conditions of the mind, such as recklessness, may be alleged in a general fashion as long as negligence is pled.

The court additionally noted that the Complaint sufficiently asserted that the Defendants knowingly disregarded serious, life-threatening risk to the decedent. Accepting these allegations are true, the court concluded that the claims for punitive damages were legally sufficient.

With regards to the issues of vicarious liability, the court rejected the Defendants’ arguments that the Complaint was deficient for failing to identify specific agents or employees. The court noted that Pennsylvania law does not require a Plaintiff in a medical malpractice case to identify every individual agent at the pleadings stage. Rather, the court noted that it is sufficient to allege that the individuals acted within the scope of their employment or agency since the identity of every healthcare professional who was involved in the decedent’s treatment during the approximately one month period at issue could be readily ascertained by the Defendants from their own records.

The court further found that the Plaintiff sufficiently alleged that the Defendants had knowledge of, and allowed the alleged reckless conduct, thereby satisfying the heightened requirements for allegations of vicarious liability for punitive damages under the MCARE Act.

The court otherwise rejected the Defendant’s objections that the Plaintiff’s negligence claims were overly broad and vague.

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


Source: Lackawanna Jurist (April 10, 2026).