Case Summaries

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.

The Two Year Statute Of Limitation For Wrongful Death Or Survival Commences On Date Of Death Under The MCARE Act

In Dubose v. Quinlan, 2017 WL 5616235, (Pa., Nov. 22, 2017), the Pennsylvania Supreme Court affirmed the decision of the trial court and the Pennsylvania Superior Court, both of which had held that the statute of limitations for medical professional liability in the form of wrongful death or survival action is two years, commencing on the date of decedent’s death, as opposed to two years commencing on the date that the victim ascertained, or in the exercise of due diligence should have ascertained the fact of a cause of action.

Employer Required To Compensate Employees For Breaks Of Short Duration

In Secretary United States Department of Labor v. American Future Systems, Inc., 873 F.3d 420 (10/13/2017), the Third Circuit held that the employer’s flexible time policy was subject to the Fair Labor Standards Act, (“FLSA”), that the Department of Labor’s interpretation of FLSA as requiring compensation for rest periods of short duration was subject to the highest level of deference, and that the District Court did not abuse its discretion in awarding liquidated damages

Regularly Used Non-Owned Vehicle Exclusion Upheld

In Reeves v. Travelers, 2017 WL 4930900, (E.D. Pa., 10/31/17), the Eastern District Court upheld the “regularly used, non-owned vehicle” exclusion contained in Traveler’s automobile insurance policy.

The Pennsylvania Superior Court Revisits The Standards For Nursing Home Negligence, Vicarious Liability, And Punitive Damage Claims

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.

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!