Case Bulletin – Third Circuit Permits Insurer’s Contribution Claim Against Liquor Licensee
On August 22, 2018, the United States Court of Appeals for the Third Circuit reinstated an insurer’s contribution claim against a liquor licensee for allegedly overserving alcohol to its insured driver. Encompass Insurance Co. v. Stone Mansion Restaurant Inc., No. 17-1479 (argued October 12, 2017). In March 2011, Brian Viviani and Helen Hoey attended a […]
On Monday, August 20, 2018, the Superior Court authored its most recent opinion providing further insight into the application of the new products liability standard from Tincher v. Omega Flex, 104 A.3d 328, 399 (Pa. 2014). The Superior Court considered an appeal from the grant of a defendant’s summary judgment on the theory of defective […]
Attorneys George Stewart and Kerri Shimborske-Abel obtained the dismissal of their clients from a serious personal injury suit where the plaintiff suffered a significant traumatic injury to his lower leg in a motorcycle-motor vehicle accident. Plaintiff claimed that as he approached an intersection, that a co-defendant suddenly and without warning entered onto the highway directly […]
ZK News – World Squash Masters
In follow up to his March, 2018 participation in the US Squash Masters tournament held in Philadelphia, George Stewart competed in the 2018 WSF World Masters Squash Championships in the 60 plus age bracket. This event, hosted by the United States for the first time, ran from July 29 – August 4, 2018 at the […]
In the September 2017 decision of Safe Auto Insurance Company v. Oriental-Guillermo, et al., the Superior Court of Pennsylvania upheld a trial court’s granting of a Motion for Summary Judgment finding that an automobile insurance carrier was not obligated to provide insurance coverage to a non-relative resident when the policyholder did not list her as […]
The United States Supreme Court has recently authored a number of cases restricting situations in which courts can exercise general personal jurisdiction over an out of state defendant. See e.g. BNSF Ry. Co. v. Tyrrell, 137 S.Ct. 1549, 1558 (2017); Daimler AG v. Bauman, 571 U.S. 117, 137 (2014). However, the Pennsylvania Superior Court issued […]
ZK Results – Jury Trial Defense Verdict for Attorney John W. Zotter
On July 18, 2018, a Westmoreland County jury returned a defense verdict in favor of a Zimmer Kunz client represented by Shareholder, John W. Zotter. The lawsuit arose out of an accident wherein the Plaintiff, a pedestrian, was struck by the front of the Defendant’s vehicle on South Maple Avenue in Greensburg, Pennsylvania. Plaintiff sustained […]
Case Bulletin – Allegheny County Judge Colville Approves of Alternative Service via Facebook
The Pennsylvania Rules of Civil Procedure regarding service of original process provide: (a) Original process may be served (1) by handing a copy to the defendant; or (2) by handing a copy (i) at the residence of the defendant to an adult member of the family with whom he resides; but if no adult member […]
On May 17, 2018, the Commonwealth Court affirmed the Workers’ Compensation Appeal Board’s dismissal of a claim filed by an electrical worker which arose after that worker was injured in a motor vehicle accident while driving to work. Generally, the “coming and going” rule exempts employers from liability for injuries suffered by employees while commuting […]
ZK News – Four ZK Attorneys Named 2018 Super Lawyers
Zimmer Kunz, PLLC is pleased to announce that Dara DeCourcy, George Stewart, Joseph Selep and Joseph Butcher have again been selected as Pennsylvania Super Lawyers®. This is the 10th straight year that Mr. Stewart and Mr. Selep have been recognized as top defense civil litigation attorneys. Ms. DeCourcy is again being recognized for her expertise […]
Case Bulletin – West Virginia Enacts Legislation Limiting Non-resident Lawsuits in West Virginia
On March 27, 2018, West Virginia Governor, Jim Justice, approved House Bill 4013. Notably, this bill limits venue for civil actions to West Virginia residents or to non-residents where a substantial part of the acts/omissions giving rise to the claim(s) occurred in the state of West Virginia. This bill is essentially the West Virginia legislature’s […]
On February 21, 2018, the Pennsylvania Supreme Court held that when PennDOT installs a guardrail, “sovereign immunity is waived if the agency’s negligent installation and design creates a dangerous condition.” Cagey v. Commonwealth, ___ A.3d ___, 2018 WL 987783 (Pa. Feb. 21, 2018) (overruling Lambert v. Katz, 8 A.3d 409 (Pa. Commw. 2010); Stein v. […]
On February 16, 2018, the Superior Court found that a Defendant manufacturer/supplier was entitled to a new trial following a denial of post-trial motions. It held that because the Supreme Court’s decision in Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014) created a new definition of “defect” a jury charge containing an outdated […]
Case Bulletin – DUI Legal & Practical Developments; What It Takes to Reach the Legal Limit
Along with DUI laws in states across the country, Pennsylvania DUI laws and associated penalties are changing. A recent U. S. Supreme Court case, Birchfield v. North Dakota, decided on June 23, 2016, held that taking a blood sample or administering a breath test is a search governed by the Fourth Amendment. In this context, […]
On January 28, 2018, in Schwartz v. Honeywell International, Inc., 2018 WL 793606 (Ohio 2018), the Supreme Court of Ohio held: (1) in cases where injuries are alleged from asbestos exposure, a plaintiff must show that exposure to a particular defendant’s product was a “substantial factor” in causing the injury under R.C. 2307.96, and a […]
Erie Ins. Exch. v. Bristol., No. 124 MAP 2016 (Pa., Nov. 22, 2017). In July 2005, Michael Bristol was injured in a hit-and-run accident while working as a lineman for RCC, Inc. RCC was insured though a policy issued by Erie Insurance that contained an Uninsured/Underinsured Motorist Coverage Endorsement. That endorsement contained an arbitration clause. […]
ZK Result – Adam Auchey Obtains Defense Win for Insurance Company at Arbitration
Adam Auchey obtained a defense award at arbitration in Allegheny County, Pennsylvania. Plaintiff, an insurance company seeking subrogation of property damage benefits paid to its insured following an accident at an exposition in Pittsburgh, filed suit against the exposition organizer and the property owner where the exposition occurred. In response, the Defendants filed a counterclaim […]
Case Bulletin – Superior Court Holds Fair Share Act Applies to Strict Liability Claims
On Tuesday, December 28, 2017, the Superior Court ruled that the Fair Share Act, 42 Pa.C.S. § 7102, applies to strict liability cases, including asbestos litigation. Roverano v. John Crane, Inc., ___ A.3d ___, 2017 WL 6761077 (Pa. Super. 2017). In Roverano, the plaintiff alleged exposure to asbestos during his employment from 1971-1981. He was […]
(Upshur County, WV) (November 2017). Zimmer Kunz attorneys Joseph Selep and Aaron Weiss obtained a dismissal for their clients – a fraternity and fraternity member – arising out of an incident at a local university. Plaintiff, a student, had been disciplined by the university following an incident involving a lewd photograph of a female student, […]
Case Bulletin – Third Circuit Upholds Dismissal Based On Lack of Personal Jurisdiction
On September 7, 2017, the Third Circuit upheld a dismissal of a Complaint against Walt Disney Parks and the Walt Disney Company based upon lack of personal jurisdiction. See Barth v. Walt Disney Parks & Resorts U.S., Inc., 2017 WL 3951783 (3d Cir. Sept. 8, 2017) (unpublished). The Plaintiffs sued the Disney Defendants in Philadelphia […]
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