Case law

Davis v. Steigerwalt

2003 Pa. Super. 87 · Superior Court of Pennsylvania · Mar 4, 2003

Shane’s particular expertise did not qualify him to render an expert opinion on the speed of the Steig-erwalt vehicle. … Appellant has failed to establish on appeal that the impact pathology underlying Dr.

Com. v. Vance, R.

315 A.3d 183 · Superior Court of Pennsylvania · May 15, 2024

A statement is testimonial if its primary purpose is “to establish or prove past events potentially relevant to a later criminal prosecution.” Commonwealth v. … (“[T]here is often a subtle, and elusive, difference between the use of statements to establish the truth of facts averred by one not in court and their use to establish a course of conduct[.]”). 11 Appellant also asserts

Movie Distributors Liquidating Trust v. Reliance Insurance

407 Pa. Super. 588 · Superior Court of Pennsylvania · Aug 2, 1991

Assuming that this evidence was even somewhat probative, we believe that the prejudice from this attempted line of questioning clearly outweighed any probative value. … Appellant argues that the plain language of the exclusion, underlined above, clearly excludes the use of inventory or profit and loss computations to establish the amount of the alleged loss sustained by VTR.

Kroptavich v. Pennsylvania Power & Light Co.

2002 Pa. Super. 87 · Superior Court of Pennsylvania · Mar 26, 2002

PPL argued that Kroptavieh failed to establish two elements necessary to a prima facie case of age discrimination, namely, that he remained qualified for the job despite knowingly violating policy and that PPL replaced him … evidence that he (i) belonged to a protected class, i.e., was at least 40 years of age; (ii) was qualified for the position; (iii) was dismissed despite being qualified; arid (iv) suffered dismissal despite PPL’s need for

Commonwealth v. Long

2005 Pa. Super. 119 · Superior Court of Pennsylvania · Mar 31, 2005

. ¶ 13 The Pennsylvania Supreme Court has explained that “[i]t has been established already that the First Amendment to the Federal Constitution is broad enough to encompass the qualified right of access to criminal trials … Clearly, none of the judicial proceedings herein, including voir dire, were closed to the public or the media.

Ulrich v. Coaldale Borough

53 Pa. Super. 246 · Superior Court of Pennsylvania · Mar 6, 1913

But in attempting to prove his case at the trial it clearly appeared, and was conceded at the argument, that the said ordinance was never recorded in the borough ordinance book with the certificate of the secretary thereon … The learned counsel for appellant contends that by virtue of the ordinance of June 4, 1907, and the filing of a bond, and its acceptance by the council, appellant’s term of office was established for three years and that

Pittsburgh Urban Redevelopment Authority v. Cleban

216 Pa. Super. 269 · Superior Court of Pennsylvania · Mar 19, 1970

You are entitled to reasonable relocation expenses and, if qualified, dislocation damages. … In this case, there clearly was no delay compensation due 'the condemnees.

Laubaugh v. Pennsylvania Railroad

28 Pa. Super. 247 · Superior Court of Pennsylvania · Jul 13, 1905

.” *252 The goods were subsequently taken out of the cellar and advertised for sale by handbills and notices, and, the evidence clearly shows, were sold for the best price to be secured for that character of goods. … The presumption is in favor of the regularity of all proceedings leading up to the appointment of the trustee in bankruptcy, and that as trustee he complied with all *253 the requirements of the law and was qualified to act

State Farm Fire & Casualty Co. v. MacDonald

2004 Pa. Super. 161 · Superior Court of Pennsylvania · May 11, 2004

A reviewing court may disturb the order of the trial court only where it is established that the court committed an error of law or abused its discretion. As with all questions of law, our review is plenary. Murphy v. … The court then held that the location where the accident occurred qualified as an insured location “because it was used in connection with the [insured’s] residence.” Id.

Gbur v. Golio

2007 Pa. Super. 264 · Superior Court of Pennsylvania · Aug 24, 2007

While he was enduring the foregoing dental pain, he continued with the treatment regimen established by Golio. … In fact, *212 the thrust of his report is to the effect that the bone scan clearly showed metastatic disease in the jaw, and that either Appellant failed to review the findings of that bone scan report at all, or clearly

Commonwealth v. Mayes

436 Pa. Super. 1 · Superior Court of Pennsylvania · Jul 14, 1994

The Commonwealth clearly met that burden since the weight of 2.34 grams was established at trial and not challenged at sentencing. … At trial, defense witness Lisa Buchanan, a user of cocaine, was qualified as an expert witness “in the field of narcotics packaging, use and purchasing.” N.T., 1/7/93, at 75.

State Farm Mutual Automobile Insurance v. Cavoto

2011 Pa. Super. 250 · Superior Court of Pennsylvania · Nov 21, 2011

Turning a traction machine on or off clearly falls in the same category. We conclude the other tasks at issue largely fall in the same, non-specialized category. … The portion of the order involving clearly non-specialized procedures is therefore affirmed.

Commonwealth v. Tyahla

128 Pa. Super. 414 · Superior Court of Pennsylvania · Apr 26, 1937

We are clearly of the opinion that the evidence fully warranted the jury in finding that the liquids contained in the packages were liquor within the definition of the act. … To be qualified to testify as to the reputation of a person, the witness must be acquainted with the reputation in the neighborhood in which he resides.

Commonwealth v. Karash

175 A.3d 306 · Superior Court of Pennsylvania · Nov 16, 2017

The purpose of a proviso is to “qualify, restrain or otherwise modify the general language of the enabling provision.” … The trial court holds that, in the alternative, the officer's testimony implicitly established that element.

Commonwealth v. Biesecker

2017 Pa. Super. 126 · Superior Court of Pennsylvania · Apr 26, 2017

Activities that qualified as community integration are correspondingly quite broad. … Thus, she argues, since those parental tasks would clearly qualify as community integration services if performed by a third party, she was similarly entitled to submit claims for those services.

Commonwealth v. Sanders

2012 Pa. Super. 53 · Superior Court of Pennsylvania · Feb 29, 2012

Our standard and scope of review in suppression matters is established. … In this case [there was evidence that [name of witness ] could not see the criminal clearly] [give specifics].

Commonwealth v. Davis

176 A.3d 869 · Superior Court of Pennsylvania · Nov 30, 2017

[Agent Leri’s description of the contents of the video clearly established its extensive pornographic nature.] … Second, the Commonwealth clearly established that the computer belonged to appellant and the password was in his possession.

Marion, D. v. Bryn Mawr Trust Co.

253 A.3d 682 · Superior Court of Pennsylvania · Feb 16, 2021

BMT also disputes that the receiver should enjoy immunity for his actions. … Moreover, our research has revealed no authority to extend official immunity as far as Appellant suggests.

Estate of Anna M. Deaner

98 Pa. Super. 360 · Superior Court of Pennsylvania · Nov 22, 1929

It is established by a large body of English and American decision that, in the absence of statute authorizing them, such trusts for the maintenance and care of testators’ burial lots (and generally of family burial lots) … The cases run into very fine distinctions, because if the gift is to keep up an institution for the benefit of the public, then it is clearly a charity.

Talmadge, S. v. Ervin, F.

2020 Pa. Super. 176 · Superior Court of Pennsylvania · Jul 28, 2020

-2- J-A03023-20 [O]ur standard of review when faced with an appeal from the trial court’s denial of a motion for a new trial is whether the trial court clearly … Thus, this line of inquiry established only that Dr. Zipes did not have the Pill Count Document, or any other part of the police file, when he prepared his expert report.