Case law

Feld v. Merriam

314 Pa. Super. 414 · Superior Court of Pennsylvania · Sep 2, 1983

Sufficient evidence was presented to establish each element of section 500. … Globe would have been able to provide more qualified guards if Cedarbrook had consented to pay a higher hourly wage. 6 . A security guard was posted at this entrance at the time, but he did not stop the car. 7 .

Gross v. Nova Chemicals Services, Inc.

2017 Pa. Super. 121 · Superior Court of Pennsylvania · Apr 24, 2017

“Compliance with a duty under FAA regulations and in-flight safety are clearly public policy mandates in the best interest of the public health and safety[,]” the Complaint continued. Id. at ¶ 42. … Notwithstanding the primacy of the plain meaning doctrine as best representative of legislative intent, the rules of construction offer several important qualifying precepts.

Commonwealth v. Kitchen

730 A.2d 513 · Superior Court of Pennsylvania · May 19, 1999

The facts to which she does admit, and which the Court had permitted in the Commonwealth’s case-in-chief, with all the other evidence the Commonwealth has disclosed it is prepared to offer, clearly establishes proof of the … “The extrajudicial statements, which differ from confession in that they do not acknowledge all essential elements of a crime, are generally considered to qualify for introduction into evidence under the admission exception

Thierfelder v. Wolfert

2009 Pa. Super. 92 · Superior Court of Pennsylvania · May 19, 2009

. ¶ 16 In addition to finding that Husband had no cognizable cause of action in Long based upon Wife’s extramarital affair with the defendant doctor, the trial court in Long also held that: (1) plaintiffs expert was not qualified … While not binding on courts, we do recognize the fact that it is clearly unprofessional and unethical under the rules promulgated by professional medical associations or ethics boards for a physician to have sexual relations

Commonwealth v. Cozzone

406 Pa. Super. 42 · Superior Court of Pennsylvania · Jun 11, 1991

Owen, 397 Pa.Super. 507 , 580 A.2d 412 (1990) (charge of driving while under influence of alcohol properly dismissed where Commonwealth failed to offer any evidence to establish that parking lot was highway or trafficway) … This conclusion was sufficient to dispose of this issue in that case because it concerned the propriety of a credit awarded for time served in a home monitoring program, which clearly did not involve service in an “institutional

Oxford Presbyterian Church v. Weil-McLain Co., Inc.

2003 Pa. Super. 14 · Superior Court of Pennsylvania · Jan 15, 2003

Brown was not qualified as an expert. 2. … Allen’s reports, however, nor could it have resulted in unfair surprise, as the reports clearly indicated Dr. Allen’s disagreement with the church’s theory that pyrolysis caused the fire. 1 See Brady v.

Meridian Oil and Gas Enterprises, Inc. v. Penn Cent. Corp.

418 Pa. Super. 231 · Superior Court of Pennsylvania · Aug 7, 1992

Testimony clearly establishes that the term ballast has a clear and recognized meaning in the railroad construction business and is the top course of dense material upon which ties are imbedded. … Judge Walker, reasoning perhaps that the defense, having been raised at the pretrial conference, qualified as an amendment to the pleadings under Rule 1033.

Philadelphia Bond & Mortgage Co. v. Highland Crest Homes, Inc.

235 Pa. Super. 252 · Superior Court of Pennsylvania · Jun 24, 1975

practice judicially noticed or otherwise established a signature in the lower right hand corner of an instrument indicates an intent to sign as the maker of a note or the drawer of a draft.” … As Comment 1 to Section 3-415 clearly states: “Subsection (1) recognizes that an accommodation party is always a surety.”

Smith v. Paoli Memorial Hospital

2005 Pa. Super. 352 · Superior Court of Pennsylvania · Oct 18, 2005

-1303.910. 1 Finding that the experts were qualified, we affirm. ¶ 2 Appellee Donald J. … The verdict must be clearly and immoderately excessive to justify the granting of a new trial.

Commonwealth v. Astillero

2012 Pa. Super. 20 · Superior Court of Pennsylvania · Jan 31, 2012

Our standard of review in an appeal from the granting of a suppression motion is well established: This Court is bound by those of the suppression court’s factual findings which find support in the record, but we are not … The two were clearly acting in concert and their actions are, therefore, attributable to each other.

Commonwealth v. Hilton

74 Pa. Super. 20 · Superior Court of Pennsylvania · Feb 28, 1920

The endorsements upon the Clendenin note clearly established that Clendenin had deposited the paper for collection with the Farmers National Bank of Quarryville. … The duly qualified handwriting expert, Me Cool, testified that upon this note there had been an erasure of the name of the first maker, the paper had been treated chemically and the name of Margaret C.

Mitchell v. Philadelphia Electric Co.

281 Pa. Super. 452 · Superior Court of Pennsylvania · Oct 10, 1980

Clearly the key words of the Act are “liability policy of insurance.” *459 Appellant argues that the Johnson case is not controlling here because the supreme court’s decision rested upon the fact that Yellow Cab was the owner … In addition, this court cited the well-established rule that the Workmen’s Compensation Act is an injured employee’s sole remedy against his employer. Id. at 45 , 389 A.2d at 592 (cases cited therein).

Mazzocone v. Willing

246 Pa. Super. 98 · Superior Court of Pennsylvania · Feb 15, 1977

If this proposition were followed to its logical conclusion, all defamation cases could initially qualify for equitable relief. This is not the law, however, as is noted supra. … Moreover, it may not be said that her demonstration violated clearly defined law or public policy.

Commonwealth v. Boyle

394 Pa. Super. 513 · Superior Court of Pennsylvania · May 2, 1990

In support of his position on this point, the appellant maintains that because he eventually filed the returns in question, he must be immune from any prosecution. … The evidence clearly demonstrated that the restaurant business was in operation during the entire period when the appellant was charged with a failure to file tax returns.

MONTAGAZZI v. Crisci

2010 Pa. Super. 78 · Superior Court of Pennsylvania · Apr 30, 2010

Applying this provision, the Supreme Court has clearly circumscribed the extent to which another party may be legally compelled to act where the injured party has incurred a risk of his own volition. In Yania v. … where only a factfinder is qualified to evaluate the claims at issue.

Com. v. Hesden, C.

Superior Court of Pennsylvania · Jan 28, 2021

The evidence presented at trial established that Appellant and two other men barged into the home of Efrie Cardona after Cardona’s friend, Jamal Northington, opened the door. … Thus, his present petition filed in 2017 is clearly untimely, and he must prove that he meets one of the exceptions to the timeliness requirements set forth in 42 Pa.C.S. § 9545(b).

John B. Conomos, Inc. v. Sun Co., Inc.

2003 Pa. Super. 310 · Superior Court of Pennsylvania · Aug 22, 2003

Rizzo, 555 A.2d at 69 ; Nasim, 563 A.2d at 1267 . ¶ 37 For an averment to qualify as a judicial admission, it must be a clear and unequivocal admission of fact. … The question in either case must be whether the facts upon which it is called to instruct the jury be clearly established.

Thompson v. Maryland & Pennsylvania Railroad Preservation Society

417 Pa. Super. 216 · Superior Court of Pennsylvania · Jun 30, 1992

This court has further stated: It is well established in Pennsylvania law that in order to show an abandonment of a right-of-way or easement created by deed, the evidence must clearly show some conduct on the ground by the … However, we agree with the trial court that “the salvager beginning to remove the track materials could be sufficient to qualify as an external act.” Opinion, July 18, 1991, at 4.

Commonwealth v. Kennedy

271 Pa. Super. 1 · Superior Court of Pennsylvania · Oct 12, 1979

In Paschall the Court determined that an identification based on the “build” of the assailant is weaker than a facial or voice identification, and in the absence of some deformity in defendant’s build, a qualified identification … Williams established that the person on the bike was in fact the same person who emerged from the house immediately after the shots were fired.

Bahl v. Lambert Farms, Inc.

2001 Pa. Super. 125 · Superior Court of Pennsylvania · Apr 25, 2001

In In re Estate of Simmons-Carton, we examined the question of whether both the natural mother and purported natural father qualified to be named co-administrators of the estate of their daughter, Dory, who died intestate … The Statutory Construction Act of 1972, 1 Pa.C.S.A. § 1926, provides: “No statute shall be construed to be retroactive unless clearly and manifestly so intended by the General Assembly.”