Case law

Kweh, A. v. US Airways

Superior Court of Pennsylvania · Oct 27, 2017

Summary judgment is appropriate only when the record clearly shows that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. … In a subsequent civil suit by the worker against the factory, the factory attempted to claim WCA immunity - 11 - J-A13022-17 as the employer.

Starr Indemnity v. Brownsville Marine v. Benchmark

Superior Court of Pennsylvania · Dec 17, 2019

That opinion clearly states, “Benchmark . . . has a duty to defend Brownsville against the underlying complaint filed by . . . Sardinia-Garcia.” Opinion, 10/12/18, at 20. … -8- J-A26019-19 (requiring “order refusing a request for an injunction” to qualify as interlocutory appeal as of right under Rule 311(a)(4)).

Com. v. Rose, A.

Superior Court of Pennsylvania · May 9, 2019

Evidence is relevant -3- J-A06004-19 if it logically tends to establish a material fact in the case or tends to support a reasonable inference regarding a material fact … Initially, we note that the general rule is a failure to remember does not qualify as a reason to introduce a prior inconsistent statement.

Com. v. LaPoint, M.

Superior Court of Pennsylvania · Jun 24, 2025

LaPoint therefore failed to establish prejudice. See Velazquez, 216 A.3d at 1149. … “[W]here the challenged spousal communication was divulged by the declarant-defendant to third parties, the statement does not qualify as a confidential communication.” Id. (cleaned up).

Shultz, F. & W. v. York Hospital

Superior Court of Pennsylvania · Apr 16, 2024

Super. 1998) (“The Welsh case involved a suit against a hospital and thus Thompson was clearly applicable”). … So[,] I think if you are going to make those blanket statements, you need to also qualify them. Heparin is not contraindicated in every patient with stroke.

Com. v. Luperi, M.

Superior Court of Pennsylvania · Apr 6, 2026

Upon review, we discern no abuse of discretion in determining that Juror No. 35 qualified as a juror and, therefore, it was proper to deny Appellant’s motion to strike for cause. … Super. 1980) (stating that because the indecent assault statute is silent as to the culpability sufficient to establish the crime, 18 Pa.C.S.A. § 302(c) requires that the Commonwealth establish that the defendant acted

Com. v. Riggan, S.

Superior Court of Pennsylvania · Dec 20, 2018

Bartlett has an extensive background in mechanical engineering and was qualified to give his expert opinion in the area of accident reconstruction. … Because this was a non-jury trial, the verdict clearly did not shock the trial court’s sense of justice. Judgment of sentence affirmed. Judgment Entered. Joseph D. Seletyn, Esq.

In Re: Adopt of A.M., Appeal of: D.M.

Superior Court of Pennsylvania · Jan 23, 2015

Clearly we have a father who is striving to be a parent, despite being noticeably absent from the lives of his children. However, Father has been incarcerated for over three years. … Once the twelve month period has been established, the court must next determine whether the conditions which led to the child's placement continue to elCisl.

Teva Pharmaceuticals v. Impax Labs

Superior Court of Pennsylvania · Nov 2, 2018

To establish grounds for disqualification, the former client must establish three elements. First, the attorney’s current representation is adverse to the relationship established with the former client. See id. … While this claim does not explicitly reference the FDA, or any regulatory action taken by the FDA, it is clearly related to FDA regulatory requirements.

Com. v. Davis, K.

Superior Court of Pennsylvania · Mar 29, 2017

The firearm and ammunition were tested by a qualified ballistics expert and determined to be operable. … However, after reflection he was able to recall the events more clearly, and at trial Mr. O’Neal positively identified Appellant. Additionally, another victim, Mr.

Com. v. Arroyo-O'Neill, J.

Superior Court of Pennsylvania · Feb 10, 2017

Whether the evidence was insufficient to establish [Arroyo- O’Neill’s] conviction of [PWID][?] 2. Whether the evidence was insufficient to establish [Arroyo- O’Neill’s] conviction of [DUI][?] … Since no qualified medical witness or lab technician testified, Arroyo-O’Neill could not cross-examine any medical witness or technician as to the accuracy of the records.

Williams v. West Penn Power Co.

313 Pa. Super. 461 · Superior Court of Pennsylvania · Aug 9, 1983

Clearly, the only "sale" in the instant case was the transaction involving the ladder. … pursuant to Section 2-725 of the Code. [8] While the Code defines an aggrieved person as anyone entitled to a remedy, the Code does not place time constraints, other than those of Subsection (1), on a person's ability to qualify

Com. v. S.,K.

Superior Court of Pennsylvania · Sep 13, 2019

The Court notes that Victim-Witness was clearly uncomfortable talking about the incident. She frequently changed topics in the middle of her sentences. … The facts and circumstances established by the Commonwealth need not preclude every possibility of innocence.

In Re: Adopt of E.R., Appeal of: N.R.

Superior Court of Pennsylvania · Jan 23, 2015

Clearly we have a father who is striving to be a parent, despite being noticeably absent from the lives of his children. However, Father has been incarcerated for over three years. … Clearly we have a father who is striving to be a parent, despite being noticeably absent from the lives of his children. However, Father has been incarcerated for over three years.

K.H. v. J.D.-T.

Superior Court of Pennsylvania · Jan 22, 2018

Father further noted that Child was not fully immunized initially. … Mother noted that Child is currently up-to-date with his immunizations. Mother conceded that immunizations did not go forward as originally scheduled due to a religious objection she had to immunizations.

Com. v. Porterfield, J.

Superior Court of Pennsylvania · Jan 30, 2018

Porterfield admitted to Trooper Hogue that he had consumed a six-pack of beer, but alleged that he was not drunk because he was “immune” to alcohol. … because an appellate court might have reached a different conclusion, but requires a result of manifest unreasonableness, or partiality, prejudice, bias, or ill-will, or such lack of support so as to be clearly

Com. v. Santos, A.

Superior Court of Pennsylvania · Mar 23, 2017

We construe Appellant’s brief to argue that his facially untimely petition qualifies for the “government interference” exception, which applies when the failure to raise a claim previously was due to unlawful interference … The record in this matter clearly establishes that the appeal was quashed because appellate counsel Banta abandoned the case.

Com. v. Emarievebe, C.

Superior Court of Pennsylvania · Oct 28, 2019

Whether the trial court committed reversible error when it admitted evidence of the complainant’s journal entry [] [when it] did not qualify under the recorded recollection hearsay … The burden of establishing that the error was harmless rests upon the Commonwealth. Id. at 528–29 (citations omitted).

In the Interest of: C.D., Appeal of: S.D. & B.D.

Superior Court of Pennsylvania · Oct 25, 2019

Parents specifically argue that Brian Rockower, M.D., a child psychiatrist at the partial hospitalization program that Child attends, who was qualified as an expert in the field of child psychiatry, was unable to “narrow … Rockower clearly testified that the lack of nourishment in Parent’s home led to Child’s behavioral problems, and that Child worries about returning to Parents’ home and Parents not allowing him to eat again.

Com. v. Simminger, S.

Superior Court of Pennsylvania · Aug 21, 2019

Likewise, [Appellant] clearly of possessed an instrument of crime “with intent to employ it criminally” as defined under 18 Pa.C.S. § 907(a). … John O’Brien, a psychiatrist for over twenty years who has been qualified as an expert approximately seven hundred times, n.t. 11/20/17, at 13-14, reviewed Appellant’s medical records dating back to the 1990s and interviewed