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 Khaalid Amir Wilson, et al v. U.S. Security Associates, Inc., et al, 2017 WL 3034031, 2017 Pa. Super 226 (July 18, 2017), a three judge panel of the Pennsylvania Superior Court held that it was legally incorrect to permit the addition of a clam for punitive damages after the statute of limitations had expired.
In Protz v. W.C.A.B., 2017 WL 2644474 (Pa Supreme Court, June 20, 2017), the Pennsylvania Supreme Court struck down Section 306 (a.2) of the Workers’ Compensation Act.
In Partlow v. Gray, 2017 WL 2590738, (June 15, 2017), the Superior Court held that intoxication evidence was admissible in a wrongful death motor vehicle accident case even though the Defendant had admitted negligence and the trial court had dismissed Plaintiff’s claim for punitive damages.
In Corrrado v. Timber Ridge Health Care Ctr., 3:17-CV-123, 2017 WL 2288858, (M.D. Pa. May 25, 2017), the Court dismissed a suit over a nursing home death due to a lack of subject matter jurisdiction because the parties were both residents of Pennsylvania.
In Galeano v. Susquehanna Health Sys., 1182 MDA 2016, 2017 WL 2197007 (Pa. Super. Ct. May 17, 2017), the Superior Court reversed the trial court’s order granting summary judgement to defendants.
In Sayles v. Allstate, 3:16-CV-01534, 2017 WL 1928408, (M.D. Pa. May 10, 2017), District Court Judge Caputo denied Allstate’s motion to dismiss in a potential class action based on a provision in Allstate’s policy.
In Fernando Melendez v. The Good Samaritan Hospital et al., 1496 MDA 2015 (Pa. Super May 8, 2017), a non-precedential decision, the Pennsylvania Superior Court reversed an order from the Court of Common Pleas of Lebanon that granted the defendant’s motion for judgement on the pleadings based on defective service in a medical malpractice suit.
Greenberg v. McGraw,161 A.3d 976, (Pa. Super. May 5, 2017)
On April 18, 2017, the United States Supreme Court handed down an 8 to 0 decision written by Justice Ginsburg in the case of Coventry Health Care of Missouri, Inc v. Nevils, 2017 WL 1377380, holding that the Federal Employees Health Benefits Act (FEHBA) preempts states’ anti-subrogation laws.
In Pergolese v. The Standard Fire Insurance Co. 2017 WL 1337943 (April 11, 2017), a split panel of the Pennsylvania Superior Court held that The Standard Fire Insurance Company was required to obtain a new UIM stacking waiver when its insured informed their insurer that they were purchasing a new vehicle, and the new vehicle was added to the policy before the purchase was complete.
In Renninger v. A&R Machine Shop, et al, 2017 WL 1326515 (Pa. Superior Ct., 4/11/2017), a unanimous three judge panel of the Pennsylvania Superior Court handed down one of the first appellate court decisions since the law of Products liability in Pennsylvania was changed by the Pennsylvania Supreme Court.
In Merrell v. WCAB, 2017 WL 1210197 (April 3, 2017), the Pennsylvania Commonwealth Court held that a decision by a Heart & Lung arbitrator that a claimant was disabled and thus entitled to Heart & Lung benefits was not binding on the Workers’ Compensation Judge.
In Ford v. American States Insurance Company, 154 A.3d 237 (Pa. Supreme Court, February 22, 2017), the Pennsylvania Supreme Court held that a rejection form for underinsured motorist (UIM) coverage was valid even though it was not a verbatim reproduction of the statutory form.
