News & Analysis as of

Pennsylvania Bodily Injury

Marshall Dennehey

Court Grants Summary Judgment, Finding Trivial Tile Height and Lack of Causation in Slip-and-Fall Case

Marshall Dennehey on

Klobusnik v. The Carafaro Co. and Cafaro-Peachcreek Joint Venture Partnership, No. 1132-2021, 2025 WL 978886 (Pa. Com. Pl. Jan. 3, 2025) - In support of their motion for summary judgment, the defendant argued that the...more

Marshall Dennehey

Superior Court Reverses Verdict, Orders New Trial for Pain and Suffering and Loss of Consortium in Amputation Case

Marshall Dennehey on

Banasiak v. Robinson, 2025 WL 587038 (Pa. Super. Feb. 24, 2025) - On appeal, the Superior Court of Pennsylvania reversed and remanded a trial court’s verdict that failed to award damages to the plaintiff for pain and...more

Weber Gallagher Simpson Stapleton Fires &...

Pennsylvania Limited Tort vs. Full Tort: Understanding Your Plaintiff’s Auto Insurance Coverage

Do you know what kind of car insurance you or your plaintiff carries? Is it full tort or limited tort? Pennsylvania law permits a choice between two coverage options when selecting car insurance–limited tort and full tort....more

Marshall Dennehey

Pennsylvania Supreme Court Holds That the Compensation Rate for Specific Loss Benefits is Controlled by Section 306(c) of the Act,...

Marshall Dennehey on

Jennifer Jackiw v. Soft Pretzel Franchise (WCAB); No. 3 EAP 2024; decided January 22, 2025 - This case involved a claimant who crushed her arm in a pretzel machine while working for the employer. Eventually, she needed to...more

Houston Harbaugh, P.C.

Pennsylvania Superior Court Finds Exclusion Of Stacking Void, Allowing The Insured To Stack UIM Benefits From The Policy From...

Houston Harbaugh, P.C. on

In Erie Insurance Exchange v. Hannah Baluch, ___ A.3d ___, 2025 WL 22562 (Pa. Super. Ct., Jan. 3, 2025), the Pennsylvania Superior Court addressed whether an insured with her own automobile insurance policy is entitled to...more

Marshall Dennehey

Challenge to Sovereign Immunity/Damages Cap

Marshall Dennehey on

In Freilich v. Se. Pennsylvania Transportation Auth., 302 A.3d 1261 (Pa. Commw. Ct. 2023), appeal granted, No. 245 EAL 2023, 2024 WL 1044586 (Pa. Mar. 11, 2024), the Pennsylvania Supreme Court was asked whether Section...more

Spilman Thomas & Battle, PLLC

A Look at the Pennsylvania Statute of Repose

The Pennsylvania Statute of Repose for Improvements to Real Property, 42 Pa. C.S. § 5536 (PA Statute of Repose) is a powerful tool that provides protections to persons lawfully performing or furnishing the design, planning,...more

White and Williams LLP

The (un)Fair Share Act – Will Different Damages Rules for Different Plaintiffs Stand?

A decision by a two-judge panel of the Superior Court this March sua sponte announced that there are different rules for allocating liability among multiple tortfeasors solely based on whether or not a plaintiff contributed...more

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