Case law

Neff, E. v. PNC Bank

Superior Court of Pennsylvania · Feb 20, 2020

Neff consider establishing recurring payments for the account. (R. 446a- 48a). Those records showed Mr. … In other words, a consumer need not establish that the business was negligent or acted intentionally.

Jarmon, D. v. The Convent of the Sisters

Superior Court of Pennsylvania · Aug 11, 2020

On May 9, 2014, the Human Resources (“HR”) Department of Appellee provided Appellant with the appropriate FMLA forms to apply for FMLA qualifying leave of absence. … The trial court noted that the evidence clearly showed that Appellant “failed to provide medical documentation stating her ability to return to work as required under Appellee’s LOA policy and other applicable employment

Com. v. Landis, W.

277 A.3d 1172 · Superior Court of Pennsylvania · May 26, 2022

Larry Rotenberg, who was qualified as an expert in forensic psychiatry. N.T. at 1068. Dr. … John O’Brien, who was also qualified as an expert in forensic psychiatry. N.T. at 1132-35. In forming his opinion, Dr.

Emory, W. v. University Family Practice

Superior Court of Pennsylvania · Jun 16, 2025

See Motion for Summary Judgment, 11/3/23, at 1-7 (unnumbered), citing, inter alia, Emory’s failure to “produce an expert report from a qualified expert [] that Dr. … In substance, [defendant’s] corporate veil motion was clearly an attempt to have [the second judge] revisit whether summary judgment should be granted.

Taylor, M. and G. v. DeLeo, D.O., J.

Superior Court of Pennsylvania · Mar 7, 2016

DeLeo was not required to establish this in order to present Dr. Pello’s expert testimony. … DeLeo had not been qualified as an expert witness, and therefore pursuant to Burton-Lister the danger of permitting the use of the learned treatises in cross-examining Dr.

Commonwealth v. Jaynes

2016 Pa. Super. 55 · Superior Court of Pennsylvania · Mar 1, 2016

In this vein, Appellant argues “[t]he demonstration of one picture, immediately after the crime was committed, in the context of an excited and adrenalized report from the victim of a robbery, is clearly fraught with the … He wouldn’t be qualified to sit on a jury. So it’s a term and phrase that we use in everyday discussions, possibly: How would you feel? It’s not appropriate at trial.

Com. v. Fosco, T.

Superior Court of Pennsylvania · Jul 23, 2024

Mason had clearly perceived'"... an event sufficiently startling...", Grav, 867 A.2d at 570, as Appellant had fired his weapon in the direction of Mr. Mason. N.T. 10/26/2022, pp. 148-49. Ms. … Mason's statements still qualified as excited utterances since,, as was true in Colon, Officer Bailey was seeking aclarification as to what happened, Mr.

Sehl v. Vista Linen Rental Services Inc.

2000 Pa. Super. 331 · Superior Court of Pennsylvania · Nov 6, 2000

Moreover, it is the proponent of the statement who bears the burden of establishing the declarant's scope of employment. … In determining whether the statements qualified as an admission by a party opponent, the trial court interpreted Pa.R.E. 803(25)(D) according to the traditional rule of vicarious admission.

Com. v. Bredbenner, J.

Superior Court of Pennsylvania · Mar 20, 2018

be charged and is entitled to immunity under this section. … (4) This section may not bar the admissibility of any evidence in connection with the investigation and prosecution of a crime with regard to another defendant who does not independently qualify

Com. v. Shaffer, N.

Superior Court of Pennsylvania · Feb 4, 2019

It is clearly established that evidence of good character is to be regarded as evidence of substantive fact just as any other evidence tending to establish innocence and may be considered … The original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown by a certification of the custodian or another qualified person that complies with Pa.R.C.P.

Com. v. Lookingbill, J.

Superior Court of Pennsylvania · Aug 2, 2016

Nevertheless, the Commonwealth need not establish guilt to a mathematical certainty. … The jury clearly disregarded Roger Lookingbill’s testimony.

Com. v. White, D.

Superior Court of Pennsylvania · May 14, 2024

(Footnote Continued Next Page) - 11 - J-S12038-24 “To qualify for an exception to the PCRA’s time limitations under subsection 9545(b)(1)(ii), a petitioner need only establish … assessment does not involve any analysis of the merits of whatever claim would be pursued if jurisdiction is established.

Ebersole, C. v. McCoy, E.

Superior Court of Pennsylvania · Mar 17, 2025

The Ebersoles claim that their expert, Archibald, a landscaper with twenty years of experience, “clearly meets Pennsylvania's standard to qualify as an expert witness.” Id. at 18. … The Ebersoles note that Archibald’s conclusions on how to fix the problem establishes McCoy’s fault. Id. at 13-14.

Warner, L. v. Pietrini, B.

Superior Court of Pennsylvania · Jul 25, 2017

Besner, 664 A.2d 577, 582 (Pa.Super. 1995) (stating: “Where a party improperly raises ‘immunity from suit’ in preliminary objections and the opposing party does not object to this defect, then the question of immunity … [Appellant’s] Complaint clearly alleged that he was working for [Appellee] at the time of the alleged incident in February of 2008.

Com. v. Sloan, T.

303 A.3d 155 · Superior Court of Pennsylvania · Sep 21, 2023

Also, the totality of the circumstances test does not limit our inquiry to an examination of only those facts that clearly indicate criminal conduct. … clear that marijuana no longer is per se illegal in this Commonwealth[,]” the possession of marijuana is still illegal under the Controlled Substance, Drug, Device and Cosmetic Act[8] “for those not qualified

Com. v. Atkinson, P.

Superior Court of Pennsylvania · Jan 5, 2015

-9- J-A35025-14 “The admission of evidence is within the sound discretion of the trial court and will be reversed only upon a showing that the trial court clearly abused … has directed the Commissioner of Food and Drugs to establish a National Drug Code System.

Estate of: Kuehner, F. Appeal of: Kuehner, P.

Superior Court of Pennsylvania · Aug 28, 2014

Where the rules of law on which the court relied are palpably wrong or clearly In re McKinney, 67 A.3d 824, 829 (Pa. Super. 2013). … He also argues that the trial court told him that he could replace the Trustee if he found someone else who is qualified. Id. at 5.

N. Pa. Power Co. v. Pa. P.U.C.

132 Pa. Super. 178 · Superior Court of Pennsylvania · Mar 17, 1938

Section 203 qualifies the power and authority previously existing in the State commissions to approve such consolidations, sales of franchises, property, etc. and the acquisition of securities of other public utilities, by … The legislature declared no policy, established no standard, laid down no rule, to govern the Commission in formulating the regulation or regulations under which "any class of property" would be exempted from the general

Com. v. Garth, M.

Superior Court of Pennsylvania · May 4, 2016

The Commonwealth bears the burden of establishing the harmlessness of the error. … The following two requirements must be satisfied in order for a statement to qualify for the medical treatment exception: (1) the statement must be made for the purpose of receiving medical treatment; and (2) the statement

Webb, M. v. Volvo Cars of North America

Superior Court of Pennsylvania · Jun 24, 2016

The purpose of the Federal Motor Vehicle Safety Standards is to establish minimum performance standards for automotive safety; they do not establish the standard of conduct required under the common law. … It just says that there’s evidence of compliance, the purpose is to establish a minimum performance.