What evidence is relevant in Pennsylvania?
Apr 27, 2011
Questions concerning the admissibility of evidence at trial are within the trial judges' sound discretion. Engle v. West Penn Tower Co. 409 Pa. Super 462, 481, 598 A.2d 290, 299 (1991).
Evidence is re...
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Motion for Summary Judgment Standard
Apr 27, 2011
Pennsylvania Rule of Civil Procedure 1035(b) sets forth the standards governing summary judgment as follows:
"The judgment sought shall be rendered if the pleadings, depositions, answers to interrogat...
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Assumption of The Risk in Golfing Accident Case
Apr 27, 2011
The case of Getz v. Freed, 105 A.2d 102 (Pa. 1954) is on point. In Getz, the Supreme Court of Pennsylvania upheld an award against a golfer who hit a third ball from the tee without warning the other ...
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PA's Dangerous Dog Law
Apr 19, 2011
Dangerous Dog Statute The Dangerous Dog Statute, 459-502-A, amended in 2008 provides:
Sec. 502-A. [T]he owner or keeper of a dog shall be guilty of the summary offense of harboring a dangerous dog i...
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The "Hills and Ridges" case
Mar 23, 2011
Proof of "hills and ridges" of an accumulation of snow or ice upon which a Plaintiff fell and was injured is not required so as to impose liability where:
At the time of plaintiff's fall general sl...
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Septa "jerk and jolt" cases
Mar 23, 2011
A popular defense in Septa accident cases when there is no other vehicle involved is the "jerk and jolt" defense. Septa's argument is that they are immune from such "accidents" unless the jolt is so ex...
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Premises Liability Standards
Mar 16, 2011
The standard of care owed by an owner/occupier of land to a person who entered the land depends on whether the person who entered was an invitee, licensee, or a trespasser.
(1) An invitee is eith...
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Limited Tort in Pennsylvania
Mar 16, 2011
In 1990, Pennsylvania enacted changes to their mandatory motor vehicle insurance law that have created numerous problems and much confusion for all Pennsylvania drivers and their relatives The legislat...
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Liability for Dog Bites in Pennsylvania
Mar 16, 2011
STATUTORY LIABILITY
Under Pennsylvania law, dog owners have a duty to ensure that their dogs do not cause injury to others. Deardorff v. Burger, 606 A.2d 489 (1992). The current state of the law regar...
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Overview of Tort Options in Pennsylvania
Feb 26, 2011
In Pennsylvania, we have a tort system for automobile insurance that provides 2 choices; Full Tort or Limited Tort.
Full tort means that the injured party in a motor vehicle accident retains unrestric...
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