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.

A Workers’ Compensation Carrier Cannot File An Action Against The Tortfeasor “On Behalf Of” An Injured Worker

In Hartford Insurance Group On Behalf of Chunli Chen v. Kafumbra Kamara, et al, Pa. (November 21, 2018), the Pennsylvania Supreme Court reaffirmed the proposition that the right of action against the tortfeasor remains with the injured employee.

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Evidence Of Authorship Needed To Authenticate Social Media Evidence Under PA R.E. 901

In a case of first impression, the Pennsylvania Superior Court ruled in Commonwealth v. Mangel, 2018 PA Super 57, 181 A.3d 1154 (Pa. Super. Ct. 2018) that the proponent of social media evidence must present direct or circumstantial evidence that tends to corroborate the identity of the author of the post or message in question, not merely that the account belongs to a particular person. 

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No Duty Owed By Insurer Under Homeowners’ Policy For Assault

In a memorandum opinion from the U.S. District Court for the Eastern District of Pennsylvania, Judge Bartle held that an insurance company has no duty to defend or indemnify an individual convicted of assault in the victim’s subsequent lawsuit for personal injuries. 

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