Lauren Purcell at Marshall Dennehey

Relying Upon Pennsylvania Law, the Federal Court Held that Maintenance Company Owed No Duty of Care to Injured Plaintiff

Robertson v. Harvard Maintenance Inc., 2024 WL 1585598 (E.D. Pa. Apr. 11, 2024) - The plaintiff, while walking to work, slipped and fell in the parking lot on accumulated ice and sustained injuries to his hand, spine, head,...more

11/27/2024 / Bodily Injury , Dangerous Condition , Duty of Care , Premises Liability , Property Owners , Slip and Fall

Where the Risks of Walking on Snow and Ice Conditions Was Voluntarily Assumed, Summary Judgment Not Warranted Under the Hills and...

Sanner v. Airbnb Inc., 2024 WL 1356693 (M.D. Pa. Mar. 29, 2024) - The plaintiff and a group of her friends stayed the weekend at a home rental they booked using the home-sharing app, Airbnb. Upon their arrival, the ground of...more

11/27/2024 / AirBnB , Bodily Injury , Slip and Fall , Vacation Rentals

Superior Court of Pennsylvania Held that Landowner Was Not Relieved of Its Duty of Care for Open and Obvious Dangers When It...

Robinson v. Seven Springs Mountain Resort, Inc., 2024 WL 2955263 (Pa. Super. June 12, 2024) - The plaintiff, a business invitee, broke her ankle while playing disc golf at the defendant’s disc golf course....more

11/26/2024 / Bodily Injury , Duty of Care , Liability , Property Owners , Slip and Fall

Pennsylvania Supreme Court Held that When Plaintiff Fails to Meet the Burden of Demonstrating Good Faith Effort in Diligently and...

Ferraro v. Patterson-Erie Corp., 313 A.3d 987 (Pa. April 25, 2024) - In deciding whether a complaint served after expiration of the applicable statute of limitations period was time-barred, the Supreme Court of Pennsylvania...more

11/26/2024 / Good Faith , Service of Process , Slip and Fall , Statute of Limitations , Summons

Pennsylvania Supreme Court Rules that Procedural Posture of Case Is Irrelevant When Determining Whether a Court Decision Violated...

Ivy Hill Congregation of Jehovah’s Witnesses v. Dep’t of Human Servs., 2024 WL 561402 (Pa. Feb. 13, 2024) - The plaintiff filed a petition for declaratory judgment with the Commonwealth Court of Pennsylvania, seeking a...more

7/9/2024 / Declaratory Judgments , Jurisdiction , PA Supreme Court , Pennsylvania

U.S. District Court for the Eastern District of Pennsylvania Held that Suicide Is Not a Legitimate Basis for Recovery in Wrongful...

Sullivan v. Truist Bank, 2024 WL 422667 (E.D. Pa. Feb. 5, 2024) - The plaintiff-estate brought an action against the defendant-bank that raised negligence, vicarious liability, wrongful death and survival action claims. The...more

7/9/2024 / Causation , Extortion , Negligence , Suicide , Vicarious Liability , Wrongful Death

The Sufficiency of a Store’s Inspection and Maintenance Policies Are Only Relevant After Establishment of Notice of the Hazardous...

Steffe v. Walmart Supercenter #2023, 2023 WL 6216712 (M.D. Pa. 2023) - The plaintiff, a customer at the defendant’s store, slipped and fell on a puddle located on the floor of the store’s restroom. The defendant filed a...more

3/13/2024 / Premises Liability , Retailers , Slip and Fall , Summary Judgment

A Store Does Not Have a Duty to Constantly Monitor its Premises for Potential Hazards, and Any Alleged Failure to Monitor Is Not...

Smalis v. Home Depot U.S.A., Inc., 2023 WL 8479242 (W.D. Pa. 2023) - The plaintiff, a customer of the defendant’s store, slipped and fell on water located on the floor of the men’s restroom. After the defendant removed the...more

3/11/2024 / Constructive Notice , Premises Liability , Retailers , Slip and Fall , Summary Judgment

Under Pennsylvania Law, Service of a Writ of Summons on Defendant’s Claims Administrator Does Not Constitute Valid Service.

London-Walker v. Walgreens Family of Companies, 2023 WL 6465387 (E.D. Pa. 2023) - The plaintiff, a customer of the defendant’s store, tripped and fell on a mat located in the store. The plaintiff commenced the case in state...more

3/6/2024 / Good Faith , Motion to Dismiss , Pennsylvania , Premises Liability , Slip and Fall , Statute of Limitations , Summons

The Supreme Court of Pennsylvania Refused to Extend Civil Liability to Social Hosts Serving Alcoholic Beverages

Klar v. Dairy Farmers of America, Inc., 2023 WL 5354105 (Pa. Super. 2023) -The plaintiff was injured in a motor vehicle accident when he was struck by an employee of the defendant’s employer, who swerved across the center...more

11/17/2023 / Car Accident , Civil Liability , Hospitality Industry , Intoxication , Liquor , Negligence , Wine & Alcohol

Evidence of Prior Accidents Are Only Admissible If the Prior Accidents Are Sufficiently Similar

Kunsman v. Wawa, Inc., et al., 2023 WL 3778865 (Pa. Comm. Pl. Montg. Co. Jun. 2, 2023) - The plaintiff slipped and fell on a yellow-painted surface in the parking area located on the defendant’s premises. During discovery,...more

11/14/2023 / Bodily Injury , Evidence , Liability , Premises Liability , Retailers , Slip and Fall

A Gas Station Store Was Not Liable for a Slip and Fall When There Was No Evidence as to the Duration of the Alleged Dangerous...

McClure v. Love’s Travel Stops & Country Store, Inc., 2023 WL 3609158 (M.D. Pa. 2023) - The plaintiff slipped and fell in the defendant’s gas station store. The plaintiff parked his tractor trailer in the parking lot to...more

11/14/2023 / Bodily Injury , Liability , Premises Liability , Retailers , Slip and Fall , Summary Judgment

Relying Upon Dicta Set Forth in Spencer V. Johnson, Trial Court Held That the Pennsylvania Fair Share Act Was Inapplicable to...

In a non-jury trial, the plaintiff raised negligence and battery claims against the defendants, which arose from an incident in which one defendant shot the plaintiff in the shoulder with a gun that was owned by the other...more

4/12/2023 / Liability , Pennsylvania , Trials

In Applying Pennsylvania Law, the Court Held That Determination of Whether a Dangerous Condition is Obvious and Avoidable by the...

In this diversity jurisdiction matter, the plaintiff alleged that she suffered injuries after tripping and falling on a partially empty black pallet or “stack base” while shopping in the defendant’s store. Prior to the...more

4/6/2023 / Dangerous Condition , Liability , Retail

Lauren Purcell

Marshall Dennehey

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