Case law

Lobozzo v. Adam Eidemiller, Inc.

437 Pa. 360 · Supreme Court of Pennsylvania · Mar 20, 1970

Because the governmental unit may be either immune from suit or immune from liability for harm caused by such activity, the full burden of absolute liability would fall squarely upon the individual public servant, absent … Lobozzo on cross-examination that he claimed his building had been permanently damaged, the whole record clearly indicates that he proceeded on the theory that the damage was remediable.

Churbuck v. Union Railroad Co.

380 Pa. 181 · Supreme Court of Pennsylvania · Jan 3, 1955

Secondly, the plaintiff failed to establish an improper blow or the use of more force than was necessary. … We think the Burton case is clearly distinguishable from the present case.

Palmer Water Co. v. Lehighton Water Supply Co.

280 Pa. 492 · Supreme Court of Pennsylvania · May 12, 1924

It was very clearly held that the prior appropriations had regard to the quantity of water withdrawn rather than to the quantity in the stream. … A valid appropriation is, at best, but a qualified ownership.

Six L'S Packing Co. v. Workers' Compensation Appeal Board

615 Pa. 615 · Supreme Court of Pennsylvania · May 29, 2012

In this regard, the WCAB explained that McDonald concerned Section 203 of the WCA, see 77 P.S. § 52, a provision which confirms that certain entities deemed to be statutory employers enjoy the same immunity from liability … See Brief for Claimant at 20 (“Use of the disjunctive clearly means that the work under contract must entail either (1) activities pertaining to soil, rock, minerals or timber, ‘or’ (2) activities involving a regular or recurrent

Hackenberg v. SEPTA

384 Pa. Super. 335 · Supreme Court of Pennsylvania · May 3, 1989

. § 481(a), immunized SEPTA from any liability to Hackenberg other than workmen’s compensation benefits. … An entity providing benefits and qualified in the manner set forth in section 1787 (relating to self-insurance). 75 Pa.C.S. § 1702.

Commonwealth v. Zelinski

392 Pa. Super. 489 · Supreme Court of Pennsylvania · Apr 18, 1990

We are convinced that the instructions adequately, accurately, and clearly explained the relevant principles of law to the jury. II. … In Mahaney , the qualifications of the person who actually performed the testing were established at trial.

In Re Estate of Fike

351 Pa. Super. 380 · Supreme Court of Pennsylvania · Jan 31, 1986

manifested, and is not in conflict with established principles of law. … According to appellant’s calculations, the principal amount of the note that would qualify as income in respect of a decedent is in excess of $1,300,000.00.

Devers v. Scranton City

308 Pa. 13 · Supreme Court of Pennsylvania · Apr 20, 1932

The immunity so conceded in the latter case is based on grounds of public policy. … We are clearly of opinion that a fire truck is not a device intended for the transportation of persons or property upon a public highway.

Gustafson, M. v. Springfield, Inc., Aplt.

Supreme Court of Pennsylvania · Mar 31, 2025

[J-22-2024] - 14  In response, Defendants counter that the facts and circumstances of this case clearly satisfy each of the required elements of a “qualified civil liability action.” … In Defendants’ view, the Juvenile’s adjudication “conclusively establishes that Plaintiffs’ claims are based on the criminal misuse of the [Firearm] by a third party[,]” id. at 19, and the action is thus a “qualified civil

Commonwealth v. Gonzales

463 Pa. 597 · Supreme Court of Pennsylvania · Oct 3, 1975

Appellant further contends that the doctor, while qualified as to medical matters, was not properly qualified to testify regarding ballistics, specifically the distance from which the shot was fired. … The *604 more inflammatory the photograph the greater the need to establish its essential evidentiary value. Commonwealth v. Garrison, supra, 459 Pa. at 667, 331 A.2d at 187 .

Pfeiffer v. Brown

165 Pa. 267 · Supreme Court of Pennsylvania · Jan 7, 1895

The exception is well established and is thus expressed in the strongest authority in its favor, Penn. Coal Co. v. … Unless that would be the substantial result of forbidding his action, he is not within the immunity of any of the cases.

In re 1991 Pennsylvania Legislative Reapportionment Commission

530 Pa. 335 · Supreme Court of Pennsylvania · May 1, 1992

Thus on its face the Constitution clearly establishes a termination date for the reapportionment plan. … The Commission raises legislative immunity in its response to Appellants’ discovery requests.

Patterson v. Barlow

60 Pa. 54 · Supreme Court of Pennsylvania · Jul 7, 1869

They are free only to the qualified electors of the Commonwealth. Clearly they are not free to the unqualified. … The Constitution does not provide these, and therefore the legislature must establish the tribunal, and the means of ascertaining who are and who are not the qualified electors; and must designate the evidence which shall

Freed v. Geisinger Medical Center

601 Pa. 233 · Supreme Court of Pennsylvania · Jun 15, 2009

It is also well established that a witness may be qualified to render an expert opinion based on training and experience. … We have explained that “[w]hen this Court issues a ruling that overrules prior law, expresses a fundamental break from precedent, upon which litigants may have relied, or decides an issue of first impression not clearly foreshadowed

DiGIROLAMO v. Apanavage

454 Pa. 557 · Supreme Court of Pennsylvania · Dec 4, 1973

This brief recital of the statutory history clearly illustrates the majority’s error in following Meisel v. Lit *567 tle, 407 Pa. 546 , 180 A.2d 772 (1962). … Chief Justice Jones, there noted that “[a]n examination of our decisions clearly indicates that ‘the personal immunity which protects [the husband or wife] is based simply upon the policy of preserved domestic peace and felicity

Germantown Trust Co. v. Powell

265 Pa. 71 · Supreme Court of Pennsylvania · May 21, 1919

“Classification, to be valid, must be based upon a necessity springing from manifest peculiarities clearly distinguishing those members of one class from each of the other classes, and imperatively demanding legislation from … If it be held that imposing a liability of property to be escheated when in the possession of corporations embraced by this act, by indirection grants a “special or exclusive privilege or immunity” to other corporations not

Commonwealth Ex Rel. v. Bitner

294 Pa. 549 · Supreme Court of Pennsylvania · Nov 26, 1928

properly qualified person as tax collector of the borough.” … Clearly the borough council intended his appointment was to continue until his successor should be elected at the next municipal election.

Kramer v. Workers' Compensation Appeal Board

584 Pa. 309 · Supreme Court of Pennsylvania · Sep 28, 2005

We agree with Employer that Section 204(a) is ambiguous with respect to the specific question presented here, i.e., whether all employers, or only self-insured employers, qualify for purposes of the severance offset. … This “immunity and protection” is the necessary concomitant of the liability accepted.

Travaglia v. C.H. Schwertner & Son, Inc.

391 Pa. Super. 61 · Supreme Court of Pennsylvania · Dec 29, 1989

Levinson Steel Co., 302 Pa. 287, 295 , 153 A. 424, 426 (1930), set forth five strict requirements under § 203 of the Act which an employer must meet to establish that he is a statutory employer, and thus avoid liability at … Clearly, confusion abounds as to which legislative enactment represents the Commonwealth's position on *74 statutory employer immunity.

Estate of Krappa v. Lyons, DO

Supreme Court of Pennsylvania · Dec 19, 2019

Thus, [323 MAL 2019] - 4 the PRPA’s immunity and confidentiality provisions reflect the legislature’s effort “to foster free and frank discussion by review organizations.” Id. … Thus, to the extent these aspects of the credentialing and recredentialing processes can be isolated, Reginelli established that such credential-related documents and documentation of related activities are not privileged