Case law

Harris v. NGK North American, Inc.

2011 Pa. Super. 66 · Superior Court of Pennsylvania · Mar 30, 2011

Only individuals who have been exposed to beryllium and have a specific immune response to it, similar to an allergy, can develop CBD. See Pohl v. … Glazer clearly concluded that CBD was a factor in causing Harris’ death. Further, despite the trial court’s allegation that Dr. Glazer did “not provide any facts or explain how he arrived at” his conclusion, Dr.

Commonwealth v. Bagley

296 Pa. Super. 43 · Superior Court of Pennsylvania · Feb 26, 1982

The instant case is clearly distinguishable from the Wright case in that the Commonwealth here introduced into evidence only eleven packets (albeit each of greater weight), less than half of the number of packages of heroin … Here, although the Commonwealth exerted a determined effort to qualify the officers who arrested Bagley as experts in the field of narcotics, it did not succeed.

Perlberger v. Perlberger

426 Pa. Super. 245 · Superior Court of Pennsylvania · Jun 2, 1993

This can be ascertained through bookkeeping records, which do not involve the evaluation of confidential files---- Unquestionably, lawyers cannot be carved out as a special category of professionals who are immune from evaluation … What qualifies as a reasonable need for the benefit of a child and what qualifies as a luxury is a question of fact based upon the particular circumstances presented.

Commonwealth v. Alston

2004 Pa. Super. 471 · Superior Court of Pennsylvania · Dec 13, 2004

The Court held that the work product privilege, which is a qualified one, will not remove such statements from disclosure. Accord Commonwealth v. … We need a qualified expert to make that determination. N.T., 4/16/01, at 7-9 (emphasis added). ¶27 Three important facts are established by this excerpt.

V.B.T. v. Family Services of Western Pennsylvania

705 A.2d 1325 · Superior Court of Pennsylvania · Jan 22, 1998

The first two issues concern the qualified privileges protecting the confidentiality of records created pursuant to the Child Protective Services Law, 23 Pa.C.S. §§ 6301 et seq. … Clearly, the employees of Family Services and the Pedatellas as foster parents are such persons.

Commonwealth v. Durham

2010 Pa. Super. 216 · Superior Court of Pennsylvania · Nov 23, 2010

The Commonwealth clearly established a nexus between the clothing Appellant wore during his flight from Beaver County and the murder of Mary Brown in Beaver County. … The Commonwealth clearly established a nexus between the blood-stained clothing Appellant discarded at the Out-kast bar and the murder of Mary Brown.

Howard v. A.W. Chesterton Co.

2011 Pa. Super. 230 · Superior Court of Pennsylvania · Oct 28, 2011

Clearly, [Appellants] cannot meet the Ekenrod [Eckenrod ] test. Trial Court Opinion, 3/24/11, at 6 (citations to record omitted). … We note that such a restrictive reading of Gregg has been qualified when dealing with diseases such as mesothelioma.

Pittsburgh Outdoor Advertising Co. v. Surowski

164 Pa. Super. 383 · Superior Court of Pennsylvania · Nov 12, 1948

The testimony clearly establishes plaintiff’s title'to the land. The controlling narrow question is whether the court *385 violated the principle of Nanty-Glo Boro. v. Amer. … One .was made, by á qualified registered surveyor at plaintiff’s instance; the other survey was made by an impartial registered engineer appointed for the purpose, by the. court.

Commonwealth v. Schilling

288 Pa. Super. 359 · Superior Court of Pennsylvania · Dec 23, 1981

Rather, we hold that the Lowary common usage definition of the term “firearm” is generally applicable except that it is qualified by the length limitations specified in the statute. … Appellant’s third contention is that the Commonwealth failed to establish that he and the prosecutrix were not married at the time of this incident. 11 It was essential for the Commonwealth to establish this fact because

Commonwealth v. Irwin

432 Pa. Super. 508 · Superior Court of Pennsylvania · Mar 21, 1994

The language utilized by the Lawson Court is clearly reflected in the Legislature’s enactment of Section 9543(a)(2)(ii) of the PCRA, which provides that a petitioner seeking relief on a claim of ineffective assistance of … A party seeking recusal of the trial judge bears the burden of establishing the grounds for recusal. Commonwealth v. Gibson, 389 Pa.Super. 518 , 567 A.2d 724, 727 (1989).

Folger ex rel. Folger v. Dugan

2005 Pa. Super. 215 · Superior Court of Pennsylvania · Jun 9, 2005

. *1053 ¶ 4 Appellants raise the following issues for our review: (1) Whether, when the evidence clearly compelled a finding that Dr. … We held that the statement was a fact, reasoning as follows: “[T]he notation clearly was not a *1056 conclusory statement based on a review of symptoms.

Brush v. ST. UNIV. BD. OF TRUSTEES, ETC.

249 Pa. Super. 164 · Superior Court of Pennsylvania · Jun 29, 1977

The evidence clearly established that students must leave their individual bedrooms and traverse the hallway to utilize these various facilities, the functions of which are, for the most part, traditionally private in nature … Such use of the streets and public places has, from ancient times, been a part of the privileges, immunities, rights, and liberties of citizens.

Dental Care Associates, Inc. v. Keller Engineers, Inc.

2008 Pa. Super. 143 · Superior Court of Pennsylvania · Jul 2, 2008

In the instant case, we have concluded that [Appellee] Barton qualifies as a “licensed professional” for purposes of the certificate of merit provisions. … If such were the case, “It is well-established that a motion to strike off a judgment of non pros challenges only defects appearing on the face of the record and that such a motion may not be granted if the record is self-sustain

Commonwealth v. Gallagher

276 Pa. Super. 593 · Superior Court of Pennsylvania · Apr 11, 1980

They clearly were not so durable that they would contain an explosion of the kind which occurred. There would be little purpose in storing gasoline in the second floor of a stranger’s building. … jury below nor this court is bound by the misconceived testimony of a defense witness who tied his definition of an “incendiary device” so closely to a “Molotov cocktail” that anything which could not be thrown would not qualify

Commonwealth v. Patrick

2007 Pa. Super. 289 · Superior Court of Pennsylvania · Sep 24, 2007

The witness explained even though it was dark outside, the sidewalk was well lit and he clearly saw Appellee punch the victim in the side of the victim’s face, fId. at~26)7 The witness could also observe the victim was not … The court reasoned Appellee’s single punch did not qualify as an aggravated assault, citing Commonwealth v.

McCall v. Formu-3 International, Inc.

437 Pa. Super. 575 · Superior Court of Pennsylvania · Dec 8, 1994

Appellant contends that when these contacts are examined along with Nippon’s action of placing L-tryptophan into the stream of commerce, minimum contacts are clearly established. … Even when we examine all of appellee’s contacts with this state (even those completely unrelated to the product L-tryptophan) we note that Nippon has no office here; is not qualified to do business here; and owns no property

Daniels v. Adlof Et Ux.

89 Pa. Super. 69 · Superior Court of Pennsylvania · Apr 19, 1926

Among other items of evidence offered for the purpose of showing that whatever possession the defendants may have had was not of the character essential to establish a title, was the testimony of Edward Houk, referred to … In our opinion the learned trial judge committed no error in qualifying his affirmance of the point in the manner in which it was qualified and in instructing the jury to consider this evidence, if they found that the conversation

Chiles, O. v. Miller, C.

288 A.3d 913 · Superior Court of Pennsylvania · Jan 6, 2023

This principle of strict construction was clearly enunciated by this Court in Commonwealth v. … Although Miller qualifies as an “investigative or law enforcement officer” under Section 5702, his authority to disclose communications under Section 5717 is limited to disclosures to “another investigative or law enforcement

DiSalle v. P.G. Publishing Co.

375 Pa. Super. 510 · Superior Court of Pennsylvania · Jun 15, 1988

Triangle Publishers, Inc., 442 Pa. 319, 324 , 275 A.2d 53, 56 (1971) (“A qualified privilege is one that can be lost by abuse”). … Clearly the trial court did not err in giving this charge.

Williams, T. v. The GEO Group, Inc.

Superior Court of Pennsylvania · Jul 26, 2022

Thus, they did not qualify as “experts retained or specially employed by another party in anticipation of litigation,” as specified under Pa.R.C.P. 4003.5(a)(3). … Additionally, the autopsy can help establish what institutional policies and protocols were and were not followed surrounding the [D]ecedent’s suicide.