News & Publications

West Virginia Updates March 26, 2017

Case Bulletin – Supreme Court of West Virginia Issues Ruling on Assignment of Claims Against Insurer

On March 1, 2017, the Supreme Court of Appeals of West Virginia (the “Court”) issued its decision in Penn-American Insurance Co. v. Osborne, 2017 WL 878716 (W. Va. 2017), holding: (1) a consent judgment was not binding on an insurer that was not a party to the original suit; and (2) a pre-trial assignment of […]

Pennsylvania Updates March 26, 2017

Case Bulletin – Attorney’s Fees Permitted Even Where Plaintiff Elected $25,000 Limit Under Pa.R.C.P. 1311.1

On March 1, 2017, the Pennsylvania Superior Court held in a matter of first impression that a plaintiff who elects to limit damages to $25,000 pursuant to Pa.R.C.P. 1311.1 may still recover attorney’s fees in excess of that limit. Grimm v. Universal Med. Servs., Inc., ___ A.3d ___, 2017 Pa. Super. 53 (Mar. 1, 2017). […]

Zimmer Kunz News February 27, 2017

PENN STATE LAW STUDENTS EXCEL DURING DIVERSITY CLERKSHIPS

Two Penn State Law students find success at Zimmer Kunz, PLLC, through the Allegheny County Bar Association’s Summer Clerkship Program.

West Virginia Updates February 26, 2017

Case Bulletin – Fourth Circuit Rules that Expert’s Testimony is Unreliable and Inadmissible

In Nease v. Ford Motor Company (4th Cir., February 1, 2017) 2017 WL 437665, the United States Court of Appeals for the Fourth Circuit ruled that Plaintiff’s expert’s testimony was unreliable and inadmissible.   Plaintiff, Howard Nease, commenced a product liability action against Ford Motor Company alleging that Mr. Nease suffered injuries in an accident caused […]

Pennsylvania Updates February 26, 2017

Case Bulletin – PA Superior Court Addresses Minor Deviations to UIM Waiver Form

On December 14, 2016, the Pennsylvania Superior Court (the “Court”) issued its decision in Petty v. Federated Mutual Insurance Co., 2016 WL 7234016 (Pa. Super. 2016), holding: (1) the deviations from the statutory form for waiving underinsured motorist (“UIM”) coverage and the actual form used by the insurer were inconsequential niggles that had no impact […]

Zimmer Kunz News February 22, 2017

Christopher Yoskosky and Zimmer Kunz awarded the Westfield Insurance Top Gavel Award for 2016

The Top Gavel recognizes Zimmer Kunz as Westfield’s Best Business Practices Partner for 2016.  Nominations for the award were submitted by Westfield Claims Professionals to the Claims Legal Unit for consideration.  Westfield representatives, Michael Cronin, Robyn Lepore and Gary McClintock visited our Pittsburgh office to present the award.  Chris and his team are honored to receive […]

Pennsylvania Updates January 29, 2017

Case Bulletin – Third Circuit Reviews the Daubert Standard For Experts in Employment Law

On Tuesday, January 10, 2017, the United States Court of Appeals for the Third Circuit issued a ruling in Karlo v. Pittsburgh Glass Works, LLC,  where it discussed statistical expert opinions and interpreted the standard under Daubert for utilizing these experts’ opinions.   In Karlo, the defendant was a manufacturer of automotive glass.  When the […]

Pennsylvania Updates January 29, 2017

Case Bulletin – Pennsylvania Superior Court Applies Tincher in Recent Products Liability Case

In an opinion announced on January 13, 2017 in High v. Pennsy Supply, Inc. (No. 411 MDA 2016), a strict products liability case, the Pennsylvania Superior Court reversed the order of the Court of Common Pleas of Dauphin County granting summary judgment in favor of the defendant concrete supplier.  The Superior Court held that the […]

Pennsylvania Updates January 29, 2017

Case Bulletin – Superior Court of Pennsylvania Holds that Issues Relating to Privilege Are Immediately Appealable as a Collateral Order

In Farrell v. Regola, the Superior Court of Pennsylvania recently held that issues involving documents allegedly covered by attorney-client privilege were immediately appealable as a collateral order; communications made to clinical social workers were protected by the psychiatrist/psychologist privilege; and handwritten notes taken during civil deposition; and a prior criminal trial were protected by attorney client […]

Zimmer Kunz News January 25, 2017

Zimmer Kunz Announces Samantha Quinn Stewart as a New Director of the Firm

Pittsburgh – January 25, 2017 – Zimmer Kunz PLLC, a leading regional civil litigation firm, is pleased to announce the appointment of Samantha Quinn Stewart as a new Director of the firm. Ms. Stewart is a 2010 graduate of the University of Pittsburgh School of Law and a 2007 graduate of The College of William […]

Zimmer Kunz Results January 10, 2017

ZK Results – Attorneys Jeff Ramaley and Francesca Miller successful in persuading trial court to apply the Dead man’s Act

In late December, 2016, ZK attorneys Jeff Ramaley and Francesca Miller, representing an estate that was a defendant in a personal injury action, were successful in persuading the Indiana County Court of Common Pleas to apply the Dead man’s Act before trial.  The estate was one of two defendants.  The court ruled that the plaintiff […]

Zimmer Kunz News December 28, 2016

Congratulations Steven Perry!

It is with mixed emotions that we announce the retirement of Steven Perry.  Steven will retire on December 31, 2016.  Steven has been the firm administrator for 28 years, almost as long as the firm has been in existence, and his achievements and dedication to the firm will not be forgotten. We are very excited […]

West Virginia Updates December 15, 2016

Case Bulletin – West Virginia Supreme Court Rules Upon Intentional or Criminal Act Exclusions and Severability Clauses

On November 17, 2016, the West Virginia Supreme Court of Appeals (the “Court”), issued its opinion in American National Property and Casualty Co. v. Clendenen, et al., 2016 WL 6833123 (W. Va. 2016). This case involves very tragic facts where two minor females, Shelia Eddy and Rachel Shoaf, conspired and carried out the murder of […]

Pennsylvania Updates December 15, 2016

Case Bulletin – Equitable tolling not available to Plaintiff for “inexcusable neglect” in failing to properly file with PHRC

In Sule v. Robert J. Echenberg M.D., et al, the Pennsylvania Superior Court ruled that equitable tolling was not available to the plaintiff for “inexcusable neglect” in failing to timely file a claim under the Pennsylvania Human Relations Act.  The Plaintiff, Melissa Sule, was a medical receptionist who alleges that she was diagnosed with a […]

Pennsylvania Updates November 30, 2016

Case Bulletin – PA Superior Court Affirms Ruling Precluding Plaintiff’s Expert Witness and Entry of Non-Suit

In an opinion announced on November 8, 2016, in the matter of Nobles v. Staples, Inc. et al., No. 2939 EDA 2015, the Pennsylvania Superior Court held that a pre-trial motion in limine can put a party on notice for an “eleventh hour” grant of summary judgment prior to trial.   In Nobles, the plaintiff […]

Zimmer Kunz News November 11, 2016

PCA Pharmacy Fall Symposium

On November 10, 2016, Zimmer Kunz Shareholders, John Zotter and Matt Breneman attended the PCA Pharmacy Fall Symposium in Pittsburgh to present an update on the current status of nursing home litigation to professionals from multiple long term care, skilled nursing, and personal care facilities.    

West Virginia Updates October 31, 2016

Case Summary – West Virginia Supreme Court of Appeals Affirms Workers’ Compensation Board of Review’s Ruling – Insurance Commissioner has Discretionary Authority to Not Allocate Damages to Multiple Employers Under the West Virginia Workers’ Compensation Statute

On September 19, 2016, the West Virginia Supreme Court of Appeals (“the Court”), by a four to one (4-1) decision, affirmed an April 3, 2015 Order from the West Virginia Workers’ Compensation Board of Review, which affirmed an Administrative Law Judge’s ruling that Pioneer Pipe was the sole chargeable employer responsible for paying Stephen Swain’s […]

Zimmer Kunz News September 30, 2016

Jeffrey Ramaley to be Presenter at Upcoming Auto Insurance Law Seminar

On October 20, Jeffrey Ramaley will be hosting a seminar in Pittsburgh which updates attorneys in Western Pennsylvania on the latest cases and law in the field of auto insurance.  The seminar will also include a bad faith update.  Mr. Ramaley is a co-course planner for the event and will be speaking on the latest […]

Zimmer Kunz News September 30, 2016

John Zotter Elected to Academy of Trial Lawyers of Allegheny County

On September 29, 2016, Zimmer Kunz shareholder, John Zotter, was inducted into the Academy of Trial Lawyers of Allegheny County.  Admission into the Academy is by invitation only.  Active membership is limited to 250 Allegheny County lawyers who are actively engaged in civil trial practice.  The entire Academy membership is confidentially surveyed regarding the qualifications […]

Pennsylvania Updates September 30, 2016

Case Bulletin: Pennsylvania Superior Court Applies “Assault and Battery” Exclusion

On September 9, 2016, in the case of QBE Insurance Corporation (appellee) v. Jalil Walters and Rasheeda Carter, OK Café, Inc., and Donald Bowers, Sr. (appellants), No. 1797 MDA 2015 (Pa. Super. 2016), the Pennsylvania Superior Court (“the Court”) affirmed a trial court’s granting of summary judgment on behalf of an insurer under the exclusion […]