Case law

Scranton v. Hollenberg

152 Pa. Super. 138 · Superior Court of Pennsylvania · Mar 3, 1943

Not the General Assembly or the City Council; but that of the designated official who knows how to inspect it and is qualified to approve. … The establishment and maintenance of such a system requires expert knowledge and skill.

Commonwealth v. Smallwood

2017 Pa. Super. 25 · Superior Court of Pennsylvania · Feb 1, 2017

He was qualified as an expert in the field of fire investigation. … Of significance here, however, is that Smallwood did not have to establish an alternative theory for purposes of overcoming the timeliness exception; she simply needed to establish that application of the scientific method

Brown v. Philadelphia College of Osteopathic Medicine

449 Pa. Super. 667 · Superior Court of Pennsylvania · Apr 18, 1996

Later, however, this finding was qualified, apparently in an attempt to make the facts of this case susceptible to an analysis under the bystander rule, by the suggestion that the negligent act was the mishandling of the … Clearly, there is confusion as to the bases upon which relief can be sought and, unfortunately, this area of the law will remain unsettled until our Supreme Court provides further guidance.

In the Matter of: S.H.D.N., a Minor

2025 Pa. Super. 163 · Superior Court of Pennsylvania · Jul 28, 2025

Moreover, they were not solely part of the permanency proceedings, as they were clearly conducted, at least in part, to inform the court’s § 2511(b) analysis. … - 10 - J-A15011-25 failing to object or include it clearly in her Rule 1925(b) statement. Id. at 14- 15.

Walsh, R. v. BASF Corporation

191 A.3d 838 · Superior Court of Pennsylvania · Jun 20, 2018

To rely on sources “predicting risk and establishing causation” as they “do not go hand-in-hand.” Id. at 3. … The record establishes frequent, regular, and proximate exposure to the pesticides at issue herein. Dr.

Tiburzio-Kelly v. Montgomery

452 Pa. Super. 158 · Superior Court of Pennsylvania · Jul 15, 1996

Montgomery, over the objections of appellants’ counsel, was able to establish that Dr. … It should be noted that this exchange took place during *186 the second week of appellants’ case, and after appellants’ expert clearly established the point counsel was seeking to establish.

In the Interest of Steven J.

341 Pa. Super. 17 · Superior Court of Pennsylvania · Mar 29, 1985

However, the principles regarding the payment of fines by adult offenders are established. … The United States Supreme Court has recently qualified Williams in Bearden v. Georgia, 461 U.S. 660 , 103 S.Ct. 2064 , 76 L.Ed.2d 221 (1983).

Commonwealth v. Feese

2013 Pa. Super. 255 · Superior Court of Pennsylvania · Sep 18, 2013

Exercising this constitutional authority, the General Assembly established that: The Majority and principal Minority Party Caucuses shall each establish a Legislative Management Committee which shall be composed of the Floor … In response to arguments that the court’s action would immunize the petitioner from criminal prosecution, the court disagreed, stating that “a judicial officer is not immune from criminal prosecution, and like any citizen

In re J.M.

454 Pa. Super. 276 · Superior Court of Pennsylvania · Nov 14, 1996

His statement that she was very “paranoid and guarded” is actually a medical conclusion that he was not qualified to make. 6 In addition, at no time in making his investigation did Mr. … She is clearly a danger to herself and others.” The lower court considered this amendment in declaring the warrant valid.

Com. v. Peralta, J.

311 A.3d 1 · Superior Court of Pennsylvania · Feb 8, 2024

--The following shall apply: (1) An individual whose license has been suspended under section 1547(b) shall be eligible to apply for and, if otherwise qualified, be issued an ignition interlock … If the General Assembly intended that the notice provision was irrelevant to the motorist’s duty to comply, it could have clearly stated that point.

Schemberg v. Smicherko

2014 Pa. Super. 23 · Superior Court of Pennsylvania · Feb 11, 2014

Karl Schem-berg’s complaint did not allege sufficient facts to establish a violation of the resisting arrest statute, 18 Pa.C.S.A. § 5104. … Our decision in Lyons establishes only that flight may qualify as resisting arrest where a suspect’s selected path of evasion includes inherently dangerous conditions that the suspect knows or should know will pose a substantial

In re S.H.

2013 Pa. Super. 165 · Superior Court of Pennsylvania · Jul 3, 2013

legal custody to .an individual resident in or outside this Commonwealth, including any relative, who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified … Clearly, our legislature did not exclude from parents the right to petition to modify a custody order entered in a dependency proceeding.

McWeeney v. Estate of Strickler

2013 Pa. Super. 17 · Superior Court of Pennsylvania · Jan 30, 2013

Our scope of review of a trial court’s order granting or denying summary judgment is plenary, and our standard of review is clear: the trial court’s order will be reversed only where it is established that the court committed … (f) Definitions. — As used in this section, the following words and phrases when used in this section shall have the meanings given to them in this subsection unless the context clearly indicates otherwise: "Insured.”

Breslin, R. v. Mountain View Nursing Home, Inc.

171 A.3d 818 · Superior Court of Pennsylvania · Sep 28, 2017

At all relevant times, [MVNH] had a non-delegable duty to Vincent [] to select and retain competent and qualified medical personnel; 49. … In Scampone, our Supreme Court rejected the argument that nursing homes and related entities should be categorically immune or exempt from direct liability claims, such as corporate negligence.

Matranga, M. v. U-Haul Co. of PA

Superior Court of Pennsylvania · Jun 22, 2018

Whether U -Haul should be denied immunity on the basis of the alleged co -employee status of Marc Matranga and Jose Molina, where the evidence of record clearly demonstrates that Mr. … In McDonald, our Supreme Court established the test for determining whether a party qualifies as a statutory employer under the Act.2 According to McDonald, a party must establish the following elements

Taylor v. Philadelphia

126 Pa. Super. 196 · Superior Court of Pennsylvania · Oct 22, 1936

But that is not the only way of accomplishing the desired result, and any form may be *210 adopted which carries out the intention of the parties, provided it is established to be the voluntary act of the officer, and clearly … If plaintiff saw fit voluntarily to donate part of his salary to the relief of the city he could do so, but it must be his own individual, voluntary act and it must be clearly and unequivocally established to be such.

Meyers, M. v. Certifiied Guaranty Company, LLC

221 A.3d 662 · Superior Court of Pennsylvania · Oct 18, 2019

Super. 1990)).11 The United States Supreme Court has distilled this concept yet further, explaining that a speaker does not become immune from liability merely by couching a statement as an “opinion”: Even … Accordingly, and as held by Pennsylvania courts, a statement qualified by the speaker as being only an opinion may nevertheless be considered a statement of fact if it could “reasonably be interpreted” as such by the audience

Spierling v. First American Home Health Services, Inc.

737 A.2d 1250 · Superior Court of Pennsylvania · Sep 24, 1999

Santiago, 708 A.2d 1269 (Pa.Super.1998), It is well established that Pennsylvania recognizes the at-will employment doctrine. … The employer’s privilege to dismiss an employee with or without cause *1253 is not absolute, however, and may be qualified by the dictates of public policy.

Commonwealth v. W.H.M.

2007 Pa. Super. 249 · Superior Court of Pennsylvania · Aug 22, 2007

We agree. ¶ 15 The victim’s testimony alone at trial clearly established each element of the charges against Appellant. … Accordingly, we find the Commonwealth has clearly and convincingly established that Appellant has a mental abnormality which makes him likely to engage in predatory sexually violent offenses, as the statute requires.

Freedman v. Philadelphia Tax Review Board

212 Pa. Super. 442 · Superior Court of Pennsylvania · Jun 13, 1968

As such, its activities were clearly “business” within the meaning of the ordinance. Cf. Taw Review Board v. Brine Corporation, 414 Pa. 488 , 200 A. 2d 883 (1964); Kungsgaten, Inc. v. … The City, in Shapiro sought to treat the partnership as an entity separate and distinct from its partners, thereby establishing for it a *449 situs or residence within the City for tax purposes.