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2 weeks ago | 
torttalk.com | Daniel E. Cummins
Trinkle v. Herndon, No. 8078-CV-2023 (C.P. Monroe Co. March 25, 2025 Zulick, J.), the court sustained a Defendant’s Preliminary Objections regarding the Plaintiff’s failure to promptly serve a Writ of Summons in a motor vehicle accident case and thereby dismiss the case. According to the Opinion, following the subject motor vehicle accident that occurred on December 3, 2021, the Plaintiff filed a lawsuit on December 4, 2023.
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3 weeks ago | 
torttalk.com | Daniel E. Cummins
In the case of Coolbaugh v. Sonesta Select Allentown Bethlehem Airport, No. 2023-C-1548 (C.P. Leh. Co. Nov. 13, 2024 Reichley, J.), the court denied a Defendant’s Motion for Summary Judgment in a case involving an alleged slip and fall in the Defendants’ parking lot.
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3 weeks ago | 
torttalk.com | Daniel E. Cummins
The law, known as “Paul Miller’s Law” (Senate Bill 37), makes it illegal to use a cell phone in your hands while driving. This includes holding your phone to do calls, emails, and texts. The law also prohibits having a cell phone in your hand for browsing the internet or for taking pictures or videos while you are driving. The law prohibits these activities even when one is stopped at a red light or in a traffic jam.
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3 weeks ago | 
torttalk.com | Daniel E. Cummins
Marcus v. Hazzouri, No. 2023-CV-5092 (C.P. Lacka. Co. May 27, 2025 Nealon, J.), the court sustained certain Preliminary Objections filed by a Defendant in a dental malpractice case. According to the Opinion, the Plaintiff sued her former dentist alleging malpractice and lack of informed consent related to the alleged negligent installation of contra indicated mini-implants that later had to be removed and replaced with conventional implants.
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3 weeks ago | 
torttalk.com | Daniel E. Cummins
In the case of Koesterer v. Thomas Jeffersons Univ. Hosp., Feb. Term 2021, No. 01051 (C.P. Phila. Co. Feb.
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3 weeks ago | 
torttalk.com | Daniel E. Cummins
As we are already at the mid-point of the year, I thought I would republish the below article of mine from the June 30, 2008 edition of the Pennsylvania Law Weekly:A Mid-Year TuneupTen tips to improve your practice and reduce stressByDaniel E.
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1 month ago | 
torttalk.com | Daniel E. Cummins
In the case of Smith v. Supportive Concepts for Families, Inc., No. 21-2038 (C.P. Berks Co. Jan. 25, 2025 Nevius, J.), the court addressed a Motion for Summary Judgment filed by a provider of outpatient psychiatric services in a case in which the Plaintiff alleged that she was assaulted by a patient during a psychiatric medical examination. The Plaintiff was attacked when she visited a group home owned and operated by the Defendant.
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1 month ago | 
torttalk.com | Daniel E. Cummins
In the case of Duxbury v. Reconstructive Orthopedic Assoc., June Term, 2023 No. 1031 (C.P. Phila. Co. Feb. 10, 2025 Bright, J.), the trial court issued a Rule 1925 Opinion in support of its decision to transfer this medical malpractice case under the doctrine of forum non conveniens. The Plaintiffs sued the medical Defendants for professional liability arising out of alleged negligence in the treatment of the Plaintiff’s complaints of back pain.
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1 month ago | 
torttalk.com | Daniel E. Cummins
Pickering v. Associated Realty Prop. Mgt., Inc., Oct. Term 2023, No. 0613 (C.P. Phila. Co. Nov. 22, 2024 Bright, J.), the court issued a Rule 1925 Opinion in support of its granting of a Motion to Transfer of Venue be upheld in this wrongful death action involving a case in which the appellant’s decedent fell down a defective trash shoot in a building owned and/or operated by several of the Defendants.
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1 month ago | 
torttalk.com | Daniel E. Cummins
Mendoza-Colon v. Luscomb, Inc., No. 65 MDA 2024 (Pa. Super. April 10, 2025 Bowes, J., Olson, J., and Stabile, J.) (Op. by Olson, J.), the Superior Court ruled that the trial court had erroneously granted a transfer of venue motion rather than first ordering venue-related discovery where the evidence indicated that the Defendants offered business services to the county where the case was initially filed.
