Case Notes from Richard E. Freeburn, Esquire, “The Lawyers Lawyer”.
The content on this web page is provided primarily for other lawyers. It is intended to assist other attorneys in keeping current with the latest developments in the law, in regards to personal injury, workers’ compensation and litigation issues. Every week, attorney Dick Freeburn reviews a case summary for his local Bar Association, that you can find here.
At Freeburn Law, we welcome referrals.
In Rancosky v. Washington National Insurance Company, No. 28 WAP 2016, (September 28, 2017), the Pennsylvania Supreme Court considered for the first time the elements of a bad faith insurance claim brought pursuant to the Pennsylvania bad faith statute, 42 Pa.C.S. Section 8371.
In Breslin v. Mountain View Nursing Home, Inc., 2017 WL 4296241, (September 28, 2017), the Pennsylvania Superior Court reversed the trial court’s order dismissing the Plaintiff’s amended complaint seeking negligence and punitive damages.
On September 25, 2017, the Pennsylvania Supreme court denied an application for allowance of appeal from the decision of the Pennsylvania Superior Court in High v. Pennsy Supply, Inc.,154 A.3d 341 (1/13/17), which reversed the decision of the Dauphin County Court of Common Pleas, which granted summary judgement for Defendant in this products liability case.
In Mann v. Palmerton Area School District, 2017 WL 4172055, (9/21/17), the Third Circuit affirmed the District Court’s grant of summary judgment in favor of a high school football coach and school district.
The case is Safe Auto Insurance Company v. Oriental-Guillermo, 2017 W.L. 4124219, Opinion by Dubow, J., joined by Solano, J. Dissenting opinion by Ford Elliott, P.J.E. On September 18, 2017, the Pennsylvania Superior Court held that an insurance carrier can exclude “Permissive Driver Coverage” if the permitted driver is not related to the policy holder, is living with the policy holder, and is not specifically listed on the policy.
In Neifert v. Speedway, LLC, 2017 WL 4052264, (Pa. Super. 9/14/17), the Superior Court affirmed the grant of summary judgment by the Berks County Court of Common Pleas. (Berks CCP, 15-3929). In this case, Plaintiff slipped and fell on ice in the parking lot of the Speedway gas station on December 7, 2012. Small patches of black ice were found near where Plaintiff fell from a light misty precipitation.
In Zuber v. Boscov’s, 2017 WL 3974513 (3rd Cir. 9/11/17), the Third Circuit held that the language of the release contained in a workers’ compensation Compromise and Release (C&R) agreement, did not bar the employee from suing his employer under FMLA and Pennsylvania common law employee rights theories.
In Haslam v. WCAB, 2017 WL 3798517, (Pa. Cmwlth. Ct., 9/1/17), the Commonwealth Court reversed the WCAB which had concluded that Employer was NOT required to pay for treatment of claimant’s RRS/CRPS condition after claimant entered into a Compromise and Release (“C&R”) Agreement which described Claimant’s injury on a standardized Labor & Industry form as “[v]arious injuries and bodily parts including but not necessarily limited to fractured
At 70yrs. of age, I have never been in a car accident, nor have I ever had a moving violation! So, needless to say, that the trauma of being involved in an accident that I did not cause, where my car, (which was only 6mos. old) was totaled!) and I received 2 broken bones in my left ankle that warrented surgery…was nothing short of devastating! It’s been 9mos. and I’m still healing! But while I was in the ER, the only injury attorney’s name and number that came to my mind was Freeburn and the 7’s! Well, in came Ryan McDaniels, and ever since that initial encounter at my home, I was thoroughly convinced that the Lord had orchestrated it! This young man’s demeanor, personality, and integrity was awesome! He kept me well informed and I trusted him emphatically! Not only him, but everyone in their office, showed me the utmost respect and courtesies! I would, without any reservations, refer anyone who asked me, to this firm! They made for me a wonderful experience from the most devastatingly, traumatic situation I’ve ever had! Definitely 2 thumbs up!
