Benjamin Goshko at Marshall Dennehey

Appeals Court Reverses Punitive Damages Award, Finds Late Trial Amendment to Add Recklessness Prejudiced Defense

Bernavage by and through Vanston v. Green Ridge Healthcare Group, LLC, WL 14279152025, (Pa. Super. May 19, 2025) - This case concerned an elderly woman’s slip and fall on a shower floor while being assisted by staff in an...more

7/31/2025 / Appeals , Appellate Courts , Defense Strategies , Discovery , Negligence , Pleadings , Punitive Damages , Recklessness , Trial Practice Guidance

Superior Court Limits Judicial Discretion on “Credible” Allegations of Venue

Mazzuca v. Abreu, 310 A.3d 775 (Pa. Super. 2024) - In this dental malpractice suit, the plaintiff claimed the defendant negligently performed a tooth implant procedure in Bucks County. The plaintiff filed suit in Philadelphia...more

11/27/2024 / Dentists , Evidence , Medical Malpractice , Negligence

Superior Court Rules that Claims Under Medical Marijuana Act Are Subject to Two-Year Statute of Limitations

Washabaugh v. Gaudenzia, Inc., 2024 Pa. Super. 100 (2024) - This case concerned the plaintiff’s claim that she was terminated from employment due to her status as a medical marijuana patient. She filed suit against her...more

11/27/2024 / Hiring & Firing , Medical Marijuana , Statute of Limitations , Termination , Wrongful Termination

Methadone Clinic Owed No Duty to Jogger Killed by Negligently Treated Patient

Ritz v. Ramsay, 305 A.3d 1056 (Pa. Super. 2023) - The decedent plaintiff in this matter was struck and killed by a vehicle operated by Ramsay, a patient of the defendant, a methadone clinic. Ramsay had been given an unusually...more

7/12/2024 / Bodily Injury , Car Accident , Duty to Warn , Health Care Providers , Liability , Negligence , Pedestrian Accidents , Physicians

Expert Testimony on Permanency of Respiratory Injury Requires Reference to Empirical Data

Garced v. United Cerebral Palsy of Phila., 307 A.2d 103 (Pa. Super. 2023) - This matter involved a plaintiff’s claim that he developed reactive airway disease syndrome (RADS) from exposure to the fogging disinfectant...more

7/8/2024 / Bodily Injury , Expert Testimony , Expert Witness , Jury Awards , Medical Expenses , Toxic Exposure

Superior Court Re-affirms that an Adjacent Landowner Owes No Duty to Those Utilizing Roadway.

Kistler v. Dietrich, 303 A.3d 168 (Pa. Super. 2023) - The plaintiff was a motorcyclist passing by a property owned by the defendant while an auction was being held. The defendant had directed attendees to illegally park on...more

3/5/2024 / Car Accident , Liability , Pedestrian Accidents , Property Owners , Substantial Risk of Harm

Superior Court Clarifies Meaning of 'Lawful' Under Statute of Repose.

Johnson v. Toll Brothers, Inc., 302 A.3d 1231 (Pa. Super. 2023) - This matter concerned claims of defective construction by the plaintiff against defendant for a home built in 2004. The plaintiff’s suit was filed after the...more

3/1/2024 / Building Codes , Construction Defects , Statute of Repose

Superior Court Requires Plaintiff to Name Passive Co-owner of Property as a Defendant or Suit Will Be Subject to Dismissal.

Simone v. Alam, 303 A.3d 140 (Pa. Super. 2023) - The plaintiff slipped and fell on an icy walkway located adjacent to a property owned by the defendant and his brother as tenants in common. The brother was not named as a...more

2/29/2024 / Co-Ownership , Motion to Dismiss , Premises Liability , Property Owners , Slip and Fall

Pennsylvania Commonwealth Court Notes That Walking Across Undeveloped Land Carries an Inherent Risk of Falling Over Depressions

Hierman v. Westmoreland County Airport, 2023 WL 4002424 (Pa. Cmmw. 2023) - This matter concerns the plaintiff’s trip and fall on a snow-covered grassy area between two parking lots at the Westmoreland County Airport. The...more

9/5/2023 / Bodily Injury , Liability , Negligence , Premises Liability , Retailers , Slip and Fall

Benjamin Goshko

Marshall Dennehey

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