Tort Talk

1 week ago | torttalk.com | Daniel E. Cummins

In its non-precedential decision in the case of Banasiak v. Robinson, No. 2041 EDA 2023 (Pa. Super. Feb. 24, 2025 Olson, J., Dubow, J., and Lane, J.) (Op. by Olson, J.), the Superior Court sent a zero verdict case back down the appellate ladder for a new trial. According to the Opinion, the Plaintiff was run over by the Defendant’s truck and eventually had to have a leg amputated. At trial, a jury awarded the Plaintiff his medical expenses but award zero for pain and suffering.

2 weeks ago | torttalk.com | Daniel E. Cummins

Knepp v. Wal-Mart Stores East, L.P., No. 3:22-CV-144 (W.D. Pa. Feb. 28, 2025 Fischer, J.), the court denied a Motion for Summary Judgment in a case in which the Defendant relied upon the open and obvious doctrine relative to a trip and fall incident. According to the Opinion, this matter arose out of an incident during which the Plaintiff tripped over a pallet corner that was protruding out from a watermelon display.

2 weeks ago | torttalk.com | Daniel E. Cummins

In the case of Lindsay v. Delaware and Hudson Railway Co., Inc., No. 2019-CV-3949 (C.P. Lacka. Co. March 3, 2025 Nealon, J.), the court addressed a pre-trial Motion In Limine filed by the Defendants seeking to preclude the opinions of a Plaintiff’s medical expert in a personal injury claim arising out of the Federal Employer’s Liability Act.

3 weeks ago | torttalk.com | Daniel E. Cummins

Twigg v. Varsity Brands Holding Co., No. 4:23-CV-00067 (M.D. Pa. March 7, 2025 Brann, C.J.), the court provided the latest pronouncement on the Rules of Admissibility for an expert witness under Federal Rule of Evidence 702. This products liability case arose out of an accident during which a baseball coach was struck by a batted ball that went through an L-screen net while he was pitching batting practice. In his decision in this case Chief Judge Matthew W.

3 weeks ago | torttalk.com | Daniel E. Cummins

Jones v. Wal-Mart Stores East, LP, No. 2:24-CV-05521-KNS (E.D. Pa. Feb. 4, 2025 Scott, J.), the court granted a Plaintiff’s Motion to Remand this case from federal court back to the Philadelphia Court of Common Pleas. According to the Opinion, this case arose out a trip and fall case that occurred at a Wal-Mart store. The Plaintiff filed the lawsuit in the Philadelphia Court of Common Pleas. The Plaintiff sued Wal-Mart and the store manager.