State Farm Ins. Co. v. Kitko involved a dispute over a decedent’s insurance policy. The decedent’s ex-wife and brother both claimed they were the primary beneficiary. On appeal, the ex-wife challenged the trial court’s grant of summary judgment in favor of the brother. The Superior Court reversed, holding that the decedent did not effectuate a … Read more
In Campbell v. PA School Bds. Ass’n, the 3rd Circuit held that, though the District Court erred in utilizing a heightened standard of proof, the grant of summary judgment was affirmed because the petitioner’s civil rights claim would fail under any standard of proof.
In Dobransky v. EQT Production, the Superior Court ruled that a person who merely drives a truck to deliver a single raw material to a well site is not a person whose work consists of “the removal, excavation, or drilling of soil, rock, or minerals” within Section 302(a) of the Workers’ Compensation Act.
In Hocutt v. Manda Supply Co., the Appellate Division affirmed an order granting summary judgment. Because the plaintiff was a “special employee,” the exclusive remedy for his workplace injury was workers’ compensation. Moreover, the defendant’s alleged conduct was not excepted from workers’ compensation because the conduct was not sufficiently egregious to rise to the level … Read more
The Superior Court reversed the trial court’s order, which granted summary judgment, ruling that the plaintiff was entitled to equitable tolling of the statute of limitations based on an “affirmative misrepresentation or fraudulent concealment of the cause of death.”
In Williams v. City of York, the 3rd Circuit ruled that three police officers were entitled to qualified immunity for claims of false arrest and excessive force.
In Maas v. UPMC, the PA Supreme Court found there was a duty to warn when the potential targets are readily identifiable because they are members of a specific and identified group.
In Baskin v. Martinez, Justice Albin of the NJ Supreme Court delivered a ruling on a hot-button issue: qualified immunity. In the case, a Camden detective chased an armed suspect. When the chase ended, the detective and the suspect gave conflicting accounts on how it ended. The suspect claimed he faced the detective, hands over … Read more
#CivilLaw #SummaryJudgment 04/24/2020- MAK Services was exclusively in the business of snow and ice removal and the company obtained liability insurance (“the Policy”) for its operations from Selective Way. The Policy excluded various types of coverage. Among these exclusions was one titled “Exclusion – Snow and Ice Removal.” After an individual slipped and fell at a location that … Read more