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New Guidance from Pennsylvania’s Superior Court for Establishing Factual Basis to Transfer Venue

Since the Supreme Court of Pennsylvania’s August 25, 2022, order changed the venue rules in medical malpractice cases—from requiring that cases be filed “only in a county in which the cause of action arose” to applying the same venue standards tha Legal Updates for Health Care Liability – October 17, 2023, has been prepared for our readers by Marshall Dennehey.

11th Circuit Court of Appeals Vacates Ruling Against Plaintiff in Amusement Park Discrimination Case

In this case, the plaintiff argued that the amusement park imposed discriminatory eligibility criterion, in violation of the ADA, when it refused to permit him to ride on the Krakatau Aqua Coaster as he presented with only one hand, but no prosthe Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Dashboard Camera Video Footage Evidence Used to Affirm Motion for Summary Judgment

In an action for underinsured motorist coverage resulting from a vehicle-pedestrian accident, the defendant moved for summary judgment, asserting there was no genuine issue of material fact that the driver was not negligent. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Motorist’s Duty Does Not Include Duty to Slow Down in Anticipation of Danger Not Yet Apparent If Driver Is Otherwise Exercising Reasonable Care

The plaintiff, Glass-Hill, was making a left turn at the intersection of 495 South and Philadelphia Pike when Gordon, a southbound driver on Philadelphia Pike in the right lane passing a stopped truck in the left lane, struck her. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Not Every Rear-End Collision Is the Exclusive Fault of the Rearmost Driver

A passenger in the leading vehicle, a taxi, filed suit for personal injuries against the driver of the leading vehicle, the driver of the following vehicle, and the owner of the following vehicle after a rear-end collision. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.

Remote Management of a Restaurant Is Not Enough to Find an Employee Was Acting Within the Scope and Course of His Employment

The issue in this case was whether the employee was in the course and scope of employment and/or acting in furtherance of the employer’s business at the time of the car accident. Case Law Alerts, 4th Quarter, October 2023 is prepared by Marshall Dennehey to provide information on recent developments of interest to our readers.