Case law

Pennsylvania Insurance Department v. Philadelphia

196 Pa. Super. 221 · Superior Court of Pennsylvania · Sep 19, 1961

Superior Ct. 554, 559 , 83 A. 2d 386 (1951). *237 'Where an administrative agency is clothed with discretion in the discharge of its duty, the court , will-not interfere unless the record clearly establishes that there has … It is true that the mere possession of discretionary power by an administrative body does not make it wholly immune from judicial review, but the scope of that review is limited to the determination of whether there has been

Com. v. Hudson, P.

Superior Court of Pennsylvania · Feb 6, 2025

Counsel argued: [Defense Counsel]: As to the statute that the Commonwealth has presented, that statute requires these results are being done by a qualified person on qualified equipment. … To establish that element, the Commonwealth introduced a lab report, and offered testimony from the custodian of records for Hanover Hospital to establish that [the a]ppellant’s BAC result constituted a business

Com. v. Walsh, E.

2026 Pa. Super. 47 · Superior Court of Pennsylvania · Mar 16, 2026

However, we note that he was not qualified to testify as an expert witness or even as an officer with specialized training or experience with what our legislature has defined (and what is referenced infra) … The standard clearly does not require that the Commonwealth prove the accused’s guilt beyond a reasonable doubt at this stage.

Commonwealth v. Berkowitz

415 Pa. Super. 505 · Superior Court of Pennsylvania · Sep 22, 1992

He agreed that the victim continued to say “no” while on the bed, but carefully qualified his agreement, explaining that the statements were “moaned passionately,” Id. at 140-142. … If the law required active resistance, rather the simple absence of consent, speedy penetration would immunize the most violent attacks and the goal-oriented rapist would reap an absurd reward.

P.C.S. v. J.E.B.

659 A.2d 1043 · Superior Court of Pennsylvania · Jun 8, 1995

We believe that a vasectomy, where the operation’s success is confirmed by a sperm count analysis, qualifies as clear and convincing evidence of an inability to procreate. … Furthermore, rather than exhibiting an attitude of acceptance and acknowledgment, Husband clearly found the subject child objectionable.

Phillips v. A.P. Green Refractories Co.

428 Pa. Super. 167 · Superior Court of Pennsylvania · Jul 15, 1993

This failure was grounded not in appellant’s inability to establish her sarcoidosis as an occupational disease injury, for her claim proceeded without that determination, but rather, in appellant’s inability to prove the … Prosser points out, it is really only the immunity of strict liability to negligence-based defenses (like contributory negligence) that distinguishes strict liability from negligence in failure *183 to warn cases.

McGratton v. Burke

449 Pa. Super. 597 · Superior Court of Pennsylvania · Mar 7, 1996

We, therefore, conclude that the policy of the Court cannot serve as a valid basis for the denial of a motion to compel an independent medical examination of a plaintiff where the physical condition of the plaintiff is clearly … It is well-established that “[l]ocal courts have the power to formulate their own rules of practice and procedure.” Rieser v. Glukowsky, 435 Pa.Super. 530, 541 , 646 A.2d 1221, 1226 (1994). Accord: Murphy v.

Com. v. Crawford, C.

254 A.3d 769 · Superior Court of Pennsylvania · May 18, 2021

Crawford first argues that Section 6701(b)(1) of the statute is vague because it does not clearly define who qualifies as a military “veteran.” … There is, in fact, every indication from Crawford’s own conduct that he knew his real background fell short of qualifying him as a veteran; otherwise he would not have lied about it.

Commonwealth v. Derk

2006 Pa. Super. 60 · Superior Court of Pennsylvania · Mar 23, 2006

By establishing a DNA bank, perpetrators of future criminal acts can be more quickly apprehended, and those otherwise considered suspects can be excluded. … As in Smith, Bingaman was incarcerated and sentenced for the non-qualifying offenses of retail theft.

Commonwealth v. Trivitt

437 Pa. Super. 432 · Superior Court of Pennsylvania · Nov 16, 1994

Harper’s testimony was clearly based upon an out-of-court statement offered to prove the truth of the matter asserted; the accuracy of his testimony could not be verified absent the statistical information being introduced … Harper was not qualified as an expert in the traditional sense, in Pennsylvania, a liberal standard for the qualification of an expert prevails.

Com. v. Knight, A.

2025 Pa. Super. 260 · Superior Court of Pennsylvania · Nov 17, 2025

(2) If qualified as an expert, the witness may testify to facts and opinions regarding specific types of victim responses and victim behaviors. … Carver), “a qualified expert in obstetrics and gynecology,” physically examined the victims following their disclosure. Id. at 228. At trial, Dr.

Allegheny Anesthesiology Associates, Inc. v. Allegheny General Hospital

2003 Pa. Super. 189 · Superior Court of Pennsylvania · May 12, 2003

The Record Establishes that the CRNAs did not Satisfy any of the Standards for the Issuance of a Preliminary Injunction. II. … Pa.R.C.P. 2327. ¶ 24 In our view, the CRNAs qualified for intervention under subsections (3) and (4) above.

Gigliotti v. MacHuca

409 Pa. Super. 50 · Superior Court of Pennsylvania · Sep 25, 1991

Clearly, *59 there was conflict among these various experts. … Yellow Cab Co., 410 Pa. 31, 33 , 188 A.2d 259, 259 (1963), “a tortfeasor may not ride to immunity from his wrong on the back of worker’s compensation paid by someone else.”

Galli, N. v. Odenigbo, V.

Superior Court of Pennsylvania · Sep 10, 2025

On appeal, this Court held that the two instructions were clearly contradictory and warranted a new trial. Id. … The res ipsa charge clearly stated that the jury may find [Dr. Odenigbo] negligent if [Galli] proved the requisite elements.

Crespo, A. v. Hughes, W.

2017 Pa. Super. 230 · Superior Court of Pennsylvania · Jul 18, 2017

As a fact witness, the court found that Cruz was “qualified and capable of making a determination as to who he would and wouldn’t hire.” Id. at 9. … Clearly, Crespo’s testimony controlled the outcome of his claims for damages.

Commonwealth v. Luster

2013 Pa. Super. 204 · Superior Court of Pennsylvania · Jul 23, 2013

The Majority states spousal immunity is inapplicable because there was no showing of an expectation of confidentiality between Luster and his wife. … Therefore, it was never legally established that he was intoxicated. . Smith provided testimony that approximately three hours prior to her death, he and.

Sabella, D. v. Appalachian Development Corp.

103 A.3d 83 · Superior Court of Pennsylvania · Oct 20, 2014

Thus, upon the establishment of that basis for the application of the statute of limitations, the burden shifted to Sabella to establish that the discovery rule tolled the statute until 2008 in order to make his 2010 suit … We can exclude by section 357’s plain language the possibility that the Haners qualified as mortgagees or judgment creditors.

Commonwealth v. Miller

430 Pa. Super. 297 · Superior Court of Pennsylvania · Nov 18, 1993

Mahoney, 460 Pa. 201 , 331 A.2d 488 (1975), or otherwise qualify it as “Commonwealth’s evidence” as referred to in McGuire . … Justice Larsen’s lead opinion in Stonehouse did not garner enough joinders to establish it as precedent.

Commonwealth v. Greene

2011 Pa. Super. 148 · Superior Court of Pennsylvania · Jul 20, 2011

Such actions clearly do not amount to placing or threatening to place another in fear of serious bodily injury. Similarly, in Commonwealth v. … Our reference to the facts of the Massachusetts cases does not mean that we look to the facts of a particular case for determining if it qualifies as a crime of violence.

Com. v. Baker, J.

313 A.3d 1112 · Superior Court of Pennsylvania · Apr 4, 2024

He concludes that the evidence did not establish the necessary elements of the crime. … Here, it is undisputed that former Children and Youth worker Rebecca McKinley-Walsh had not been qualified as an expert witness.