Case law

Olson, D. v. State Auto Property and Casualty

Superior Court of Pennsylvania · Mar 3, 2020

Thus, by summarily stating that Bamber’s vehicle “clearly f[ell] into [C]ategory [9],” it implicitly found that the Chamber of Commerce did not own, hire, or borrow Bamber’s vehicle. … Thus, Bamber had to meet the definition provided in Section II (A)(1)(b) to qualify as an “insured.”

Wachovia Bank, N.A. v. Ferretti

2007 Pa. Super. 320 · Superior Court of Pennsylvania · Oct 25, 2007

Hence, until the client suffers appreciable harm as a consequence of his attorney’s negligence, the client cannot establish a cause of action for malpractice.” (citation omitted)). … On May 4, 1983, after the defendant-firm was no longer representing the plaintiff-practice, the IRS informed the plaintiff-practice that their pension plan failed to qualify and that deductions made to the plan from 1976

Commonwealth v. Sileo

2011 Pa. Super. 193 · Superior Court of Pennsylvania · Sep 1, 2011

The Hawkins Court clearly articulated that the prejudice element of the Pierce/Strickland test must be satisfied before a new trial can be awarded based on trial counsel’s failure to request an alibi instruction. … Special Agent Paul Tangren of the Federal Bureau of Investigation was also qualified as an expert in firearms and tool mark examination.

Jones, N. v. Foods on First

2025 Pa. Super. 184 · Superior Court of Pennsylvania · Aug 26, 2025

. . . requires demonstration that the lower court’s decision was a result of manifest unreasonableness, or partiality, prejudice, bias, or ill- will, or such lack of support from the evidence or the record so as to be clearly … Defendants do not dispute on appeal that Plaintiff was a member of a protected class and that she was qualified to perform her job duties. See Defendants’ definitive brief at 16.

Morgante, S. v. Morgante, K.

2015 Pa. Super. 145 · Superior Court of Pennsylvania · Jun 26, 2015

The Master did not fail to utilize the coverture fraction to establish the marital portion of Husband’s Navy [disposable retired pay]. … To be “qualified,” the order must contain certain required information and may not alter the amount or form of plan benefits.

Com. v. Baylor, F.

Superior Court of Pennsylvania · Apr 9, 2021

By employing the past tense in writing this provision, the legislature clearly intended that the right was already recognized at the time the petition was filed. Commonwealth v. … First, it is well established that a judicial opinion does not qualify as a previously unknown “fact” capable of triggering the newly-discovered fact exception under the PCRA. Commonwealth v.

In the Interest of: S.B., a Minor

Superior Court of Pennsylvania · Nov 20, 2015

-8- J-S65016-15 Clearly, the Appellant did not qualify as a party. … Appellant merely alleges that she has bonded with the Child and established an emotional connection.

Firemen's Relief Ass'n v. Minehart

430 Pa. 66 · Superior Court of Pennsylvania · May 13, 1968

In the instant case the Auditor General’s interpretation of the law is not erroneous since the law in Pennsylvania, as I will later indicate, clearly requires the presence of a minimum age as a condition for eligibility to … the pension system in the instant case has no reasonable relation to the ages of its intended beneficiaries as required by the McGovern and Altieri cases. 4 In fact, it is entirely possible under the pres *82 ent plan to qualify

Green v. Pennsylvania Property & Casualty Insurance Guaranty Ass'n

2017 Pa. Super. 73 · Superior Court of Pennsylvania · Mar 21, 2017

At the time, Appellant was a patron at Kong’s Night Club, an establishment owned and operated by Uropa, Inc. (Uropa). … Notwithstanding the primacy of the plain meaning doctrine as best representative of legislative intent, the rules of construction offer several important qualifying precepts.

O'MALLEY v. Peerless Petroleum, Inc.

283 Pa. Super. 272 · Superior Court of Pennsylvania · Dec 29, 1980

At trial he was qualified as an expert to give an opinion as to certain uses of pipes, pipe fittings and connections, and the effects of the use of force on them, without objection by either appellant. … Karam clearly omits the facts which the Sewer Authority alleges, but we do not think this omission was fatal to the question’s validity.

Commonwealth v. Choi Chun Lam

453 Pa. Super. 497 · Superior Court of Pennsylvania · Oct 15, 1996

Appellant further observes that Troutman was not qualified to render an expert opinion on Asian gangs, a point which the Commonwealth does not contest. … Second, Xie’s statements to Agent Lee concerning the payment of *520 the money to keep Yeung from exposing those involved in the murder were clearly against Xie’s penal interests.

Commonwealth v. Bullock

284 Pa. Super. 601 · Superior Court of Pennsylvania · Feb 20, 1981

The record establishes that the prosecutor did limit his closing statements to the facts of the case as well as the reasonable inferences drawn therefrom. … Furthermore, in his closing argument, a prosecutor may properly argue that a particular verdict is qualified by the evidence presented in the case. Commonwealth v. Scott, 469 Pa. 258 , 365 A.2d 140 (1976).

In re Estate of Petro

694 A.2d 627 · Superior Court of Pennsylvania · Apr 25, 1997

Establishment of appellate jurisdiction is of equal importance with the establishment of a meritorious claim for relief; jurisdiction is a predicate upon which consideration of the merits must rest. … “However, to qualify under the Cohen exception all three factors must be met.” Fried v. Fried, 509 Pa. 89, 95 , 501 A.2d 211, 214 (1985).

Commonwealth v. Woosnam

2003 Pa. Super. 99 · Superior Court of Pennsylvania · Mar 12, 2003

He was not able to view the car clearly because he was in shock, but he did notice that it was a dark foreign car such as a Subaru or Toyota. The vehicle, which was traveling very fast, did not stop. ¶ 3 Mr. … Fibers matching the decedent’s jacket were recovered from the broken windshield in Appellant’s car. ¶ 10 The Commonwealth qualified Hill-town Township Police Sergeant Randall Tanghe as an expert in accident reconstruction

Com. v. Blake, C.

Superior Court of Pennsylvania · Nov 4, 2015

(2) If qualified as an expert, the witness may testify to facts and opinions regarding specific types of victim responses and victim behaviors. … Finally, Defendant argues that the testimony was inadmissible because the Commonwealth did not establish that Ms.

Commonwealth v. Poncala

2006 Pa. Super. 357 · Superior Court of Pennsylvania · Dec 8, 2006

Appellant maintains he qualifies for intermediate punishment under 42 Pa.C.S.A. § 9804(b), if the current DUI is his third. … “Statutes designed to establish proper procedures for sentencing all defendants who commit crimes are general provisions.” Commonwealth v.

Com. v. Urban, A.

Superior Court of Pennsylvania · Jun 12, 2019

The verdict was against the weight of the evidence, where the credible evidence established that the object was clearly a smoke bomb. … Thus, even if the Court had somehow erred in qualifying Mr.

Com. v. Becher, C.

293 A.3d 1226 · Superior Court of Pennsylvania · Apr 4, 2023

It does not imply intentional wrong or bad faith, or misconduct, nor any reflection on the judge but means the clearly erroneous conclusion and judgment--one is that clearly against logic and effect of … An out-of-court statement is not hearsay when it is introduced purely for the purpose of establishing that the statement was made and not to establish its truth.

In Interest of NL

711 A.2d 518 · Superior Court of Pennsylvania · Apr 28, 1998

While I agree that a stepmother may qualify as an interested adult, the fact that she consented to appellant's interrogation without first consulting him is irrelevant to the determination of a knowing waiver by appellant … The caselaw clearly considers the opportunity of the interested adult to consult with appellant before waiver occurs, not whether the adult agreed to interrogation.

Com. v. Taylor, C.

Superior Court of Pennsylvania · Jun 2, 2015

Section 9799.14 of SORNA establishes a three-tier classification system for sexual offenses. … that Gehris did not qualify as a sexually violent predator and that he was a good candidate for rehabilitation.