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Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014) created a new definition of “defect” a jury charge containing an outdated […]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 […]
On September 25, 2017, a Philadelphia trial court (the “Court”) granted Defendants’ motions in limine and precluded two of Plaintiff’s experts from testifying at trial in a talcum powder mesothelioma case Brandt v. Bon-Ton Stores, Inc., 2017 WL 4271039 (Pa. Com. Pl.). After extensive motions, briefing and several days of testimony in Frye hearings, the […]
ZK Results – Jury Trial Defense Verdict for Attorney John W. Zotter
On September 28, 2017, an Allegheny County jury returned a defense verdict in favor of Zimmer Kunz clients represented by Shareholder, John W. Zotter. Plaintiff filed suit against the owner of commercial property and the tenant, a worldwide restaurant chain. Plaintiff alleged that she sustained a closed head injury when she slipped on ice and […]
Morrisey v. W. Va. AFL-CIO, No. 17-0187, (W. Va., Sept. 15, 2017). In 2016, the West Virginia Legislature enacted the Workplace Freedom Act, which amended labor-relations laws regarding union representation of employees. The Act restricted the ability of unions to compel employee membership and the payment of union dues from non-union members. Several unions filed […]
ZK Results – Attorney Ryan Zeli receives verdict in favor of contractor client
On September 28, 2017 shareholder Ryan Zeli received a non-jury verdict from the Court of Common Pleas of Blair County, Pennsylvania in favor of a contractor he represented who struck a transformer while clearing brush on state game lands. The impact with the transformer caused an oil spill and required specialized environmental cleanup. The Plaintiff, […]
Rancosky v. Washington Nat. Ins. Co., No. 28 WAP 2016 (Pa., Sep. 28, 2017). This appeal arose from a dispute between Conseco Health Insurance Company and its insured (LeAnn Rancosky) over a cancer insurance policy Rancosky had purchased in connection with her employment as a postal worker. The dispute centered on the policy’s waiver-of-premium provision, […]
ZK News – Matthew Breneman presents Personal Injury CLE
Shareholder Matthew Breneman recently served as a speaker at a CLE in Pittsburgh entitled “Personal Injury from A to Z”. His presentation focused in updates on legislation and case law in areas of personal injury litigation. He also discussed the utilization of medical records and bills in developing a case. Please contact Mr. Breneman if […]
ZK News – Westfield Defense Days Awards
Zimmer Kunz and Chris Yoskosky are pleased to be the recipients of two Westfield Insurance awards for 2017. Zimmer Kunz was presented with the Westfield Insurance “Blue Ocean” Award, in recognition of “Value Innovation” and strategic partnership and Chris Yoskosky was the recipient of the 2017 Oars Award for Resolution Through Innovation. These awards were […]
ZK Results – Attorney Jeff Ramaley receives verdict in favor of insurance company client
On July 11, 2017 shareholder Jeff Ramaley received a non-jury verdict from the Court of Common Pleas of Allegheny County, Pennsylvania in favor of an automobile insurance carrier he represented and against an insured in a dispute as to whether a waiver of UIM coverage was valid. The insured argued that the waiver was invalid […]
On May 18, 2017, Judge Conaboy from the United States District Court for the Middle District of Pennsylvania held that the minimum requirement of greater than $75,000 to satisfy diversity jurisdiction was met in an Uninsured Motorist (UM) bad faith claim, even where the policy limits were below this threshold. Koerner v. GEICO Cas. Co., […]
Case Bulletin – US Supreme Court Issues Ruling on Jurisdictional Limits
On June 19, 2017, the U.S. Supreme Court restricted the jurisdictional reach of state long-arm statutes when it struck down a decision by the California Supreme Court allowing out-of-state residents to join a class action lawsuit against Bristol-Meyer Squib filed in California. Previously, the California high court ruled in favor of permitting approximately 600 non-Californians […]
Case Bulletin – The Pennsylvania Supreme Court Clarifies the Duty of Informed Consent
On June 20, 2017, the Pennsylvania Supreme Court addressed a trial court’s instructions to the jury related to informed consent in Shinal v. Toms, M.D., 31 MAP 2016 (Pa. 2017), ultimately overruling prior Superior Court holdings. In doing so, the Pennsylvania Supreme Court held that a physician may not delegate to others his or her […]
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