Case law

Edmunds-Bouvier Savings & Loan Ass'n v. New Amsterdam Casualty Co.

8 Pa. D. & C.2d 229 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 28, 1956

It was established at trial that these cards accurately reflected the amounts of 113 existing accounts. … The testimony of Vetrone and the examiners *231 clearly established that Vetrone’s basic method of concealing his peculations was to abstract subsidiary ledger cards of various accounts which covered the amount of his shortage

Crane v. Gastrointestinal Specialist Inc.

62 Pa. D. & C.4th 526 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 7, 2002

The foregoing, viewed in conjunction with the record in toto, clearly demonstrates that plaintiff established a prima facie case of medical negligence. II. … With specific regard to defendants’ assertion that a new trial is warranted because this court improperly instructed the jury on res ipsa loquitur, the following has been clearly established: “In order to warrant a new trial

Quigg v. Brown

28 Pa. D. & C.4th 104 · Pennsylvania Court of Common Pleas, Philadelphia County · Jan 5, 1996

Edwards’ testimony, when the evidence was insufficient to establish either of these conclusions.” Plaintiff also claims error *120 in allowing Steven Batterman to be cross-examined regarding the skid mark. … Toaspem is clearly qualified as a motorcycle repairman. The court permitted Mr.

Estate of Thomas

39 Pa. D. & C.5th 103 · Pennsylvania Court of Common Pleas, Philadelphia County · May 12, 2014

Super as the trustee of those proceeds with clearly defined tasks in administering the life insurance proceeds. … Super has been placed in trust of managing the life insurance proceeds with numerous, clearly defined responsibilities.

In re National Foundation of Dramatic Arts

62 Pa. D. & C. 343 · Pennsylvania Court of Common Pleas, Philadelphia County · Dec 11, 1947

The limitation imposed by the act is negative in its terms in that qualified persons are permitted to form a nonprofit corporation “under the provisions of this act for any purpose or purposes which are lawful and not injurious … Moreover, the conversion of a cemetery from a business corporation into a nonprofit corporation clearly indicated that as a business matter it was not prudent.

Robinson v. Wolters Kluwer Health Inc.

47 Pa. D. & C.5th 273 · Pennsylvania Court of Common Pleas, Philadelphia County · May 1, 2015

As the Superior Court insightfully recognized: “Thus, a cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his opinion, such a relationship … Chevron Chemical Co. 39 : “Thus, a cause-effect relationship need not be clearly established by animal or epidemiological studies before a doctor can testify that, in his opinion, such a *292 relationship exists.

Hamm v. Philadelphia Board of Education

9 Pa. D. & C.3d 388 · Pennsylvania Court of Common Pleas, Philadelphia County · Jan 31, 1979

Defendant stipulated that plaintiff is in every way qualified and able to teach, but contends that the act permits plaintiff’s termination of employment by reason of age. See Frantz v. … There is no clearly established shortage area in film teaching and plaintiff has no special qualifications which other teachers lack. 7.

Commonwealth v. Burton

54 Pa. D. & C.2d 264 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 3, 1971

Alabama, supra, has now established that there is no constitutional right to a preliminary hearing. … However, there are clearly different kinds of hearsay testimony possessed of varying degrees of prejudice.

E. M. W. Bar Corp. v. Hilliard

20 Pa. D. & C.2d 435 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 1, 1959

It is clearly more than speech and has far more potential for inducing action or nonaction than the mere message the pickets convey. … The unstated purpose of the picketing is to destroy plaintiff’s business; the constitutional freedoms do not grant immunity to individuals to destroy the rights and property of others.

Kynett Estate

72 Pa. D. & C.2d 253 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 6, 1975

Obviously, testator intended that the marital trust for the benefit of his wife would first be established before the gift of residue to the charitable foundation is determined. … To ascertain testator’s true intent, the extrinsic evidence offered was clearly admissible.

In re Asbestos Litigation

59 Pa. D. & C.4th 62 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 11, 2002

Here, given the actual number of Pennsylvania defendants who may qualify and the lack of contrary evidence, and the clearly expressed basis for the legislation, that is, the limiting of liability of an asbestos defendant … expressed in its title” (Section 3). *96 It is uncontested that this Act qualifies under the Enrolled Bill Doctrine.

Ayres Estate

11 Pa. D. & C.2d 383 · Pennsylvania Court of Common Pleas, Philadelphia County · Feb 20, 1957

The cy pres doctrine is well established in the United States. It has been vigorously enforced in Pennsylvania. … Claimants qualify under that law. While it is clear that testatrix intended to change her will, it is not clear that she wanted a later Intestate Act to affect it.

Hansen v. Wyeth Inc.

77 Pa. D. & C.4th 501 · Pennsylvania Court of Common Pleas, Philadelphia County · Oct 10, 2005

Smith, 580 Pa. 392 , 861 A.2d 892 (2004), establishes that counsel may not bootstrap factual material into a case through opinion evidence. Expert opinion itself cannot establish any case-specific fact. … Clearly, specialized knowledge beyond that possessed by a layperson is needed by the trier of fact to understand the evidence and determine the facts in issue in this case. Clearly Dr.

Marshall Impeachment

66 Pa. D. & C. 325 · Pennsylvania Court of Common Pleas, Philadelphia County · Jan 10, 1949

Complaint in writing was made to the court by twenty-two qualified electors of the city, and, there appearing in the judgment of the court to be “reasonable ground for such proceeding”, the court directed “the complaint to … While respondent’s answer contains in detail denials of some, and qualified admissions of other, of the charges, it does not clearly establish that they are without foundation.

Thomas v. West Bend Co.

45 Pa. D. & C.4th 479 · Pennsylvania Court of Common Pleas, Philadelphia County · Feb 17, 2000

He is extremely qualified. *482 At the request of plaintiff’s counsel, Dr. DePace reviewed the medical records of plaintiff Otis Thomas. … Nonetheless, this remains a troubling area of the law. 8 Accordingly, it is incumbent in this opinion to clearly and fully explicate this court’s understanding of the law of Pennsylvania.

Obenski v. Brooks

7 Pa. D. & C.3d 253 · Pennsylvania Court of Common Pleas, Philadelphia County · May 12, 1978

Discovery in this area must, however, exclude inquiries into areas that are immune to discovery by virtue of the Peer Review Protection Act. The final objection is to the question posed to Dr. … Defendant qualifies this objection in his memorandum, and now contends that plaintiffs are only entitled to Dr. Brooks’ opinion as of the time he was involved in treating Mrs. Obenski.

Catalano v. Rolling Hill Hospital

33 Pa. D. & C.4th 130 · Pennsylvania Court of Common Pleas, Philadelphia County · Apr 10, 1996

He was moved as a qualified expert as a pathologist. (Tr. 13, videotape examination, Aronson M.D.) … Correspondingly, the Leone trial court’s requirement that the plaintiffs establish the impossibility of other non-negligent causes for the injury was characterized as error.

In re Vitagraph, Inc.

11 Pa. D. & C. 45 · Pennsylvania Court of Common Pleas, Philadelphia County · Jun 28, 1928

authority given the board to determine the matters properly brought before them in the exercise of their discretion is not to be understood [as] judicial discretion, but such discretion as may be expected *46 from persons well qualified … them to know what are the common standards of morality which the act seeks to protect, and to act intelligently when it becomes their duty to discriminate fairly between pictorial exhibitions which are consonant with the established

Gallagher v. Zoning Board of Adjustment

32 Pa. D. & C.2d 669 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 25, 1963

The weekday broadcasting time would be sold to any qualified sponsor on a commercial basis. … The record clearly establishes that intervening appellee would operate a commercial radio station and broadcasting facilities throughout the week and for some hours on Sunday by selling radio broadcasting time to its customers

Pennsylvania Optometric Ass'n v. DiGiovanni

45 Pa. D. & C.2d 245 · Pennsylvania Court of Common Pleas, Philadelphia County · Mar 15, 1968

This was clearly recognized in Chaby, supra, at page 467. See also Reiss, supra, at page 822. … Establishing wearing schedules for contact lens patients.