Pennsylvania

Forum Shopping Comes Up Empty (PA)

In a recent ruling from the Superior Court of PA, Kendall v. Ford Motor Company, the Court affirmed a lower Court granting defendant’s motion to transfer based on forum non conveniens. The complaint concerned a traffic accident that occurred in Bucks County, yet plaintiff’s counsel filed the complaint in Philadelphia County, a plaintiff friendly trial pool. The court held that because the...Read More

Introducing WCM’s 2022 First Year Associates

We are pleased to introduce WCM’s newest team of first year associates, who are starting with us this week across our New Jersey, New York and Pannsylvania offices. New Jersey Harry Harnitchek is a graduate of Rutgers Law School and was a staff editor on the Rutgers Journal of Law and Public Policy.  Harry completed undergraduate studies at the University of Pittsburgh.  Prior to joining...Read More

No More Happy Meals – Court Finds Affirmative Duty For Franchise Restaurant To Protect Invitees From Third-Party Harm

In a recent presidential opinion by the Pennsylvania Superior Court in Massaro v. McDonald’s Corp., 2022 Pa. Super. Lexis 320, 2022 WL 3036753 (Aug. 2, 2022), the court provided clarity on the affirmative duty of a property owner to protect a business invitee from intentional harmful acts of a third party. In Massaro, plaintiff, Thomas Massaro (“Plaintiff”) was assaulted by an allegedly...Read More

Federal Court Cracks Down On Discovery Orders (PA)

In a recent ruling from the Eastern District of PA, In re Zostavax, the Court granted the defendant’s motion to dismiss the plaintiff’s complaint for failure to comply with discovery deadlines. The complaint was part of a multidistrict litigation (“MDL”), related to a products liability claim to vaccine from defendant Merck. MDL litigation requires basic initial information necessary to move...Read More

Pennsylvania Landowners Also Have a Duty to Protect Invitees from Intentional Harm

In Massaro v. McDonalds Corporation, the Pennsylvania Superior Court found that landowners had an affirmative duty to protect invitees from intentional harmful acts of third parties. On September 21, 2018, the plaintiff, Thomas Massaro, went to a McDonald’s restaurant in Philadelphia to tutor a student. While tutoring the student, a man named Bryant Gordon entered the store and began berating...Read More

Submitting A Claim To The Wrong Insurance Company Is Not A Reasonable Excuse For Untimely Submission Of A Claim

If an insured sends a claim form to the wrong insurer, that error is not a reasonable justification for failing to submit a claim to the proper insurer within the time limit enforced by the policy of insurance. In New Millennium Medical Imaging, P.C. v. 21st Century Insurance Company, 2022 WL 2525553 (2nd Dep’t 2022), a defendant insurer disclaimed coverage for a first-party no-fault claim...Read More

PA Courts Put A Limit On Extensive Discovery

In a recent case from the Eastern District of PA, Fost v. Kennedy, the court denied the plaintiff’s motion to compel the defendant to produce extensive documents in a punitive damages case. In this auto accident case, the court held several discovery conferences to resolve discovery issues. The parties exchanged seven letters concerning discovery. The court finally ruled on a motion to compel...Read More

Plaintiffs Might Need a Stopwatch: Plaintiff’s Defect Claim Dismissed Due To Failure To Prove How Long A Defect Existed

In Hendershot v. Walmart, Inc., the Pennsylvania District Court for the Middle District of Pennsylvania dismissed a case against Walmart because the plaintiff failed to provide evidence of how long a mat was rolled up before the plaintiff tripped and fell. In Hendershot, the plaintiff filed suit against Walmart after she tripped and fell on a rolled-up mat in her local Walmart store. Walmart...Read More

PA Senate Bill 1222: Peer-to-Peer Carsharing And Insurance Implications

A new law was introduced in the House Appropriations Committee as an amendment to Senate Bill 1222 and officially became law on July 11th. The amendment outlines the coverage requirements for companies engaging in peer-to-peer carsharing, mandating an additional layer of insurance so injured third parties won’t be left uninsured if a car owner’s policy includes exceptions for livery, or...Read More

Plaintiff Is Not Entitled To 24-hour Security Camera Footage (PA)

The E.D.P.A in Dietzel v. Costco Wholesale ruled that plaintiff Dietzel was not entitled to the defendant’s Costco Wholesale’s security camera footage, unless the footage actually captured Dietzel’s accident. This case was centered on Dietzel’s trip and fall that occurred as he tried to enter a Costco location in North Wales, Pennsylvania. During discovery, Costco claimed that the alleged fall...Read More