The C&W Journal previously reported on the decision of a Northampton County Court of Common Pleas case, Xander v. Kiss , wherein the Court held that using a cellular telephone while driving–without anything more–is insufficient to support a claim...
The C&W Journal previously reported on the decision of a Northampton County Court of Common Pleas case, Xander v. Kiss , wherein the Court held that using a cellular telephone while driving–without anything more–is insufficient to support a claim...
Mediation is now a staple of modern day litigation—required by many courts, suggested by many opposing counsel, and the preferred avenue of clients and carriers alike in avoiding the uncertainty of a jury trial. However, like all staples, its use...
In Vann v. Mercury Indemnity Co. of Amer ., the New Jersey Superior Court, Appellate Division, in an unpublished decision 1, held that the regular use exclusion in the plaintiff’s personal automobile policy of insurance precluded him from...
In Potomac Ins. v. PMA , the New Jersey Superior Court, Appellate Division, held that One Beacon Insurance Company (One Beacon) could institute an action seeking to recover defense costs from the Pennsylvania Manufacturers Association Insurance...
The matter of Xander v. Kiss , 2012 WL 168326, venued in the Court of Common Pleas of Northampton County, Pennsylvania, involved the novel issue of whether an alleged tortfeasor could be subject to punitive damages for causing a motor vehicle...
The Pennsylvania Supreme Court has recently “retained control” exception to the general rule that a property owner who employs an independent contractor is not liable for injuries to the employees of the independent contractor or its subcontractor....
With the recent oil and natural gas developments, jurisdictional issues are increasingly beginning to arise; Pennsylvania and related workers’ compensation claims are no exception. Recently, two New York residents were injured while working in...
Pennsylvania has long recognized an employer’s right to a suspension of benefits where the claimant has voluntarily withdrawn from the labor market. Recently, the Commonwealth Court addressed whether an employer may exercise this right to suspend...
Under the Pennsylvania Workers’ Compensation Act and a myriad of case law, several bases exist upon which the indemnity benefits of an employee, who suffers from residual disability, may be suspended. One such basis is a claimant’s voluntarily...
THIS C&W JOURNAL PROFILE HIGHLIGHTS CIPRIANI & WERNER’S PITTSBURGH, PENNSYLVANIA, OFFICE ...
It has been well over a decade since the introduction of the event data recorder (EDR) in passenger vehicles and light trucks. General Motors was the first notable manufacturer to publicly disclose its use of this relatively new technology. Its...
“We must take Medicare’s interests into consideration …” This is a constant refrain uttered by settling parties and parties dealing with the payment of jury verdicts. There is ongoing confusion as to what Medicare’s interests are and when they need to...
The Pennsylvania Tort Claims Act provides immunity to certain classes of entities. Certain entities have historically been deemed to be within the class entitled to the immunity afforded by the Act. For example, volunteer fire departments have been...
Davis v. Barkaszi, 2012 N.J. Super. LEXIS 15 (App.Div. Feb. 9, 2012), defendant bar appealed an unfavorable jury verdict claiming that, inter alia, the trial judge excluded important evidence challenging expert opinion regarding defendant patron’s...
On February 8, 2012, House Bill 1950 was passed by the Pennsylvania General Assembly, and six days later on Tuesday February 14, 2012, the bill was signed into law by Governor Corbett. ...
Attorney Adam L. Seiferth, for Cipriani & Werner, PC, successfully defended a convenience mart against a claim that plaintiff was injured due to defective exterior steps. Plaintiff parked her vehicle along the side of the store, walked up two steps...
Cipriani & Werner recently represented Allegis Group in Allegis Group v. WCAB (Coughenaur) , Pa. Commw. No. 977 C.D. 2010, filed October 20, 2010, in which the Commonwealth Court outlined the standards for awarding penalties for alleged late...
On December 13, 2011, following a two day jury trial in York County, Pennsylvania, Adam L. Seiferth of Cipriani & Werner, P.C. obtained a defense verdict for the client. The plaintiff, who was lodging at the defendant's motel, alleged that she slipped...
The New Jersey Workers’ Compensation Court recently issued an opinion in the matter of Burn Surgeons of St. Barnabas v. Shop Rite concerning the payment of medical treatment in the context of a New Jersey workers compensation case. The decision is...
While we typically think of workers’ compensation as an arena where the fault of the injured worker plays no part, Section 301(a), 77 P.S.§431, of the Pennsylvania Workers’ Compensation Act (Act) carves out several exceptions to the rule. An...
On November 23, 2011, an en banc panel of the Pennsylvania Superior Court in Barrick v. Holy Spirit Hosp. of the Sisters of Christian Charity, 2011 PA Super 251 (Pa. Super. Ct. 2011), overturned a previous panel decision rendered by the court in the...