Case law

Commonwealth v. Jarema

404 Pa. Super. 121 · Superior Court of Pennsylvania · Apr 26, 1991

There are no preconditions or qualifying criteria which must be met before the right to appeal a summary conviction attaches. It is an unqualified right. … “Clearly, a district justice ... is a ‘court official’ whose fraudulent, wrongful or negligent conduct causing injury to a party would, unquestionably, implicate the integrity of the judicial system.

In re T.F.

2004 Pa. Super. 112 · Superior Court of Pennsylvania · Apr 12, 2004

However, she testified that she did not complete the drug programs because she either did not understand them, did not qualify for them or that she was scared of the programs. … Therefore, the weight and sufficiency of the evidence clearly supported involuntary termination of [Motherj’s parental rights. T.C.O. at 7-8.

Estate of Philip F. Young v. Louis, R.

202 A.3d 117 · Superior Court of Pennsylvania · Dec 31, 2018

The only two qualifying individuals were Brinton and Caroline, so each received half: $3,149,406.50 each. This represented the vast majority of Philip’s assets. … The fact that the testator signed his will “clearly express[ed] his intent to benefit [the plaintiff].” Id. at 262.

Estate of J.A. Myers

103 Pa. Super. 249 · Superior Court of Pennsylvania · Apr 17, 1931

To establish such contract, the proof must be explicit, consistent and unequivocal and very properly so. … We repeat, the claimant having been a child of decedent and a member of the family, it was her duty to establish an express contract clearly proven by direct and positive testimony and in terms definite and certain: Swieczkowski

Sardina-Garcia, J. v. Brownsville Marine

2020 Pa. Super. 60 · Superior Court of Pennsylvania · Mar 13, 2020

filed a timely notice of appeal, and he and the trial court have complied with Pa.R.A.P. 1925.3 ____________________________________________ 2 “[S]ummary judgment is appropriate only in those cases where the record clearly … He contends that the evidence adduced at summary judgment established genuine issue of material fact as to whether BMP was his employer at the time of his accident. We disagree.

Jenkins v. City of Philadelphia

423 Pa. Super. 588 · Superior Court of Pennsylvania · Mar 12, 1993

It tests the legal sufficiency of the challenged complaint and will be sustained only in cases where the pleader has clearly failed to state a claim for which relief may be granted. … In fact, the MVFRL defines the term “self-insurer” as “an entity providing benefits and qualified in the manner set forth in section 1787.”

Stauffer v. Susquehanna Collieries Co.

116 Pa. Super. 277 · Superior Court of Pennsylvania · Dec 12, 1934

Resort, however, to evidence not ordinarily received or the adoption of inferences that do not clearly follow is to be limited by the circumstances of the particular case and is not allowed to overcome direct proof or to … It is significant that, in the various statements that have been made by the appellate courts with relation to the presumptions to be drawn from the finding of a body when no one was present at the death, they are qualified

Sardina-Garcia, J. v. Brownsville Marine

230 A.3d 354 · Superior Court of Pennsylvania · Mar 13, 2020

filed a timely notice of appeal, and he and the trial court have complied with Pa.R.A.P. 1925.3 ____________________________________________ 2 “[S]ummary judgment is appropriate only in those cases where the record clearly … He contends that the evidence adduced at summary judgment established genuine issue of material fact as to whether BMP was his employer at the time of his accident. We disagree.

West Penn Specialty MSO, Inc. v. Nolan

737 A.2d 295 · Superior Court of Pennsylvania · Sep 23, 1999

Nolan’s presence in that office, competing for her former patients directly with MCC, would clearly impact, if not devastate, MCC’s practice. Accordingly, Dr. … Nolan argues, that decision does not hold expressly that a sufficient number of qualified physicians in the restricted area necessarily satisfies the public interest, the Court did rely on decisions from other jurisdictions

Confer v. Herbert R. Imbt, Inc.

191 Pa. Super. 74 · Superior Court of Pennsylvania · Nov 11, 1959

Superior Ct. 579 , 78 A. 2d 479 , the compensation authorities found that the claimant had not established dependency. … Apparently March 23, 1956, although the record does not clearly establish the exact date.

Allentown v. Ackerman

37 Pa. Super. 363 · Superior Court of Pennsylvania · Oct 12, 1908

It is claimed that the evidence admitted to establish that fact was not competent. … The right to file such claim with such effect is qualified by the provision that it shall be accompanied by an affidavit of a person having certain designated qualifications, and this provision, judging from its nature, was

Safe Auto Insurance Co. v. Berlin

991 A.2d 327 · Superior Court of Pennsylvania · Mar 5, 2010

Moreover, it does not qualify as one of those covered under the policy’s definition of “[y]ou, your, yourself.” … To the extent that the Hose Company relies on Lima Fire Company to establish a basis for coverage, we find the case inapplicable.

Commonwealth v. McEnany

1999 Pa. Super. 112 · Superior Court of Pennsylvania · May 13, 1999

But instead, the rule establishes an impediment which extends for ten years from the last day of confinement for the offense. … Appellant maintains that these phone record printouts, which purportedly established that Appellant called Ms.

Brown, J. v. Gaydos, G.

Superior Court of Pennsylvania · Jul 5, 2022

In order to establish immunity under the [WCA], the defendant is required to establish that [their] act or omission occurred while [they were] in the same employ as the plaintiff, that is, in the course … First, the cases upon which the Majority relies — where an executive or manager was found to be immune from civil liability as a co-employee — are clearly distinguishable on their facts. In Jadosh v.

Com. v. Pugh, R.

Superior Court of Pennsylvania · Oct 7, 2014

Consequently, the jury was presented with ample evidence establishing that, at the medical center, S.P. falsely claimed to be a virgin. … Therefore, even if the first two prongs have been established, a defendant must establish that he was prejudiced by the failure to disclose. See Commonwealth v. Appel, 689 A.2d 891 (Pa.

Commonwealth v. Shoener

30 Pa. Super. 321 · Superior Court of Pennsylvania · Mar 12, 1906

We must, for the reason so clearly stated by Mr. Justice Brown, in Commonwealth v. … These two records, taken together, establish all the facts considered by the Supreme Court in Commonwealth v. Shoener, 212 Pa. 527 .

Commonwealth v. Ghee

2005 Pa. Super. 433 · Superior Court of Pennsylvania · Dec 30, 2005

certification to the adult court, and the possible consequences of such waiver; (b) he was denied due process when the trial court summarily denied his motion to transfer without giving him the opportunity for a hearing to establish … In Kent , the United States Supreme Court reviewed the special rights and immunities conferred on the juvenile in a juvenile adjudicatory proceeding under the District of Columbia Code §§ 11-907, 11-915, 11-927 and 11-929

Department of Labor & Industry v. Unemployment Compensation Board of Review

207 Pa. Super. 506 · Superior Court of Pennsylvania · Apr 14, 1966

period that included part of the plant vacation shutdown; some took their vacations before and after the vacation shutdown period; and some were not entitled to vacations at the time of the general vacation shutdown but qualified … Vacation pay, in reality, is deferred wages earned after required period of employment and the vacation layoff is clearly distinguishable from the contrived unemployment in the Lybarger case.

Rettger v. UPMC SHADYSIDE

991 A.2d 915 · Superior Court of Pennsylvania · Mar 17, 2010

Bonaroti clearly demonstrated that they were adverse parties. … Rather, the term clearly extends to the profound emotional and psychological loss suffered upon the death of a parent or a child where the evidence establishes the negligence of another as its cause.

Commonwealth v. Selenski

2017 Pa. Super. 69 · Superior Court of Pennsylvania · Mar 16, 2017

The Court’s “solely or primarily dependent” language did not establish a special new definition of relevance for this class of cases that forecloses admissibility in all other situations. … Dysart therefore was not clearly relevant under that formulation of the relevance standard that it derived from the Walker opinion.