In the case of Yoder v. McCarthy Construction, Inc., May Term 2018, No. 0769 (C.P. Phila. Co. Feb. 10, 2022 Foglietta, J.), the trial court issued Rule 1925 Opinion requesting the Superior Court to affirm the trial court’s rulings during the course of a personal injury trial that resulted in a $5 million dollar verdict of the Plaintiff.
Of note, the court rejected the Defendant’s assertion that the trial court erred in awarding delay damages…
In the case of Getting v. Mark Sales & Leasing, Inc., No. 348 MDA 2021 (Pa. Super. April 7, 2022 Olson, J., Kunselman, J., and Stevens, P.J.E.) (Op. by Kunselman, J.), the court addressed issued raised by a Defendant following a trial at which a jury awarded the Plaintiff over $2 million dollars in damages for personal injuries and in which the Defendant claimed that it should not owe the Plaintiff delay damages for the…
In the case of KWB Enter. Inc., v. Nationwide Gen. Ins. Co., 2:20-CV-05195-MSG (E.D. Pa. Jan. 31, 2022 Goldberg, J.), the court granted a Defendant insurance company’s Motion to Dismiss a restaurant’s claims for alleged losses allegedly arising from COVID-19 closure, as well as the alleged public perception of restaurants as dangerous due to COVID-19.
In so ruling, the Court found that the Plaintiff’s “business income,” claim failed because the Plaintiff’s claims were inconsistent with…
In the case of BSD-360, LLC v. Phila. Indem. Ins. Co., No. 20-4719 (E.D. Pa. Jan 13, 2022 Pratter, J.), an insurance carrier’s Motion to Dismiss was granted in a COVID-19 coverage case after the court ruled that the “insured gets what protection he pays for” and found that, while the policy in question covered losses for property damages and contains provisions related to communicable diseases, the Court found that the Plaintiff’s claims were not…
In the case of Brezinski v. Weidner University, No. 2:20-CV-04939-JMY (E.D. Pa. Jan. 28, 2022 Younge, J.), the court granted a Defendant University’s Motion to Dismiss a class action seeking a partial refund of university tuition due to the school’s switch to online instructions during the COVID-19 pandemic.
The court dismissed this claim where it found that the course materials and syllabi were insufficient to create an expressed contract obligating the university to provide in-person…
In the case of Bellan v. Penn Presbyterian Medical Center, 2022 Pa. Super. 32 (Pa. Super. Feb. 22, 2022 Bender, P.J.E., Murray, J., and Stevens, P.J.E.) (Op. by Stevens, P.J.E.), the Pennsylvania Superior Court affirmed a trial court’s dismissal of a Plaintiff’s medical malpractice Complaint with prejudice based upon service of process issues.
According to the Opinion, the issue presented to the appellate court was whether the medical provider Defendant being closed for service for…
In the case of Big Red Management Corp. v. Zurich Amer. Ins. Co., No. 2:20-CV-02113-KSM (Jan. 7, 2022 Marston, J.), the court ruled that a restaurant was not entitled to coverage for business losses allegedly caused by COVID-19 governmental closure orders where the insurance policy in question contained a microorganism exclusion.
The court also noted that coverage was properly denied by the carrier in that there had been no evidence of any direct physical damage…
In the case of Barker v. Tyson Foods, Inc., No. 21-223 (E.D. Pa. Dec. 6, 2021 Diamond, J.), the court ruled that a claim that an employer willfully or wantonly exposed its employees to the COVID-19 virus was insufficient to overcome the exclusivity provisions of the Worker’s Compensation Act. As such, the Defendant’s Motion to Dismiss was granted.
In this matter, the Plaintiff’s decedent passed away allegedly due to complications from the COVID-19 virus.
The…
In the case of Green v. CSX Transp., Inc., No. No. 2218 EDA 2020(Pa. Super. Dec. 21, 2021 Collins, J., DuBow, J., and Murray, J.) (Op. by Collins, J.)[Non-Precedential Decision], the Pennsylvania Superior Court found that a Defendant’s Motion to Dismiss for forum non conveniens was valid and should have been granted by the trial court.
According to the Opinion, the Plaintiff, who was a Maryland resident, alleged that he developed cancer from exposure to…
The University of Pennsylvania School of Law has been tracking COVID-19 Business Interruption Coverage cases on a nationwide basis. That compilation can be found at this Link:
https://cclt.law.upenn.edu/.…