In a lawsuit arising out of an alleged slip and fall in the parking lot of a drug store, the Plaintiff claimed that she fractured her left wrist as a result of falling on accumulated snow and ice. At her deposition, the Plaintiff denied that she was employed subsequent to the accident. However, it was […]
ZK Results – Attorney John W. Zotter Successfully Raises Statutory Employer Defense
In a lawsuit arising out of an industrial accident, the Plaintiff sought damages for the partial amputation of his left foot resulting from an accident wherein a counterweight pipe that was being hoisted by a crane broke and fell onto his foot. The Plaintiff’s medical bills and lost wages totaled approximately $400,000. At the time […]
(Adams County, PA) (January 2019). Zimmer Kunz attorneys Chris Yoskosky and Aaron Weiss obtained a dismissal of a national fraternity after it was sued, among other defendants, for an alleged assault by one fraternity member against another at a Spring Social. Plaintiff filed suit against the individual fraternity member, the local chapter, the national fraternity, […]
ZK Results – Attorney Sharon Hall Granted Summary Judgment
Attorney Sharon Hall was granted summary judgment on behalf of her insurance client in a breach of contract/bad faith action in the United States District Court for the Western District of Pennsylvania. In a 37 page opinion dismissing the matter, the Court ruled that the additional insured had failed to provide timely notice to the […]
On October 17, 2018, the Pennsylvania Supreme Court published an opinion that requires determinations regarding the applicability of the discovery rule to toll a statute of limitations to be put to a jury. In Nicolaou v. Martin, et al., No. 44 MAP 2017, 2018 WL 5019804 (Pa. October 17, 2018), the Pennsylvania Supreme Court held […]
(Indiana County, PA) (October 2018). Zimmer Kunz attorneys Aaron Weiss and Jeffrey Ramaley obtained Summary Judgment for their client – an automobile insurance carrier – arising out of an underinsured motorist (“UIM”) claim. Plaintiff was involved in an automobile accident with a third party. Plaintiff then alleged that he required shoulder surgery as a result […]
In September of 2018, the United States District Court for the Eastern District of Pennsylvania addressed the issue of whether an insurer’s actions constituting criminal assault could be considered an “occurrence” under a homeowner’s insurance policy affording coverage and indemnity. The declaratory judgment action in the Eastern District of Pennsylvania stemmed from an underlying civil […]
In a lawsuit arising out of an alleged slip and fall in the parking lot of a shopping plaza, Plaintiff alleged that she slipped and fell on ice that had accumulated in the parking lot, and that there had been a significant accumulation of snow and ice over the 24 hours prior to the incident. […]
In a lawsuit arising out of the delay in the construction of an upscale residential development in Fayette County, Pennsylvania, the Developer Plaintiff claimed lost profits of $2,800,000. In making a Section 1983 substantive-due-process claim, Plaintiff claimed that the Defendant Sewage Authority impaired Plaintiff’s constitutional rights to develop its property by obstructing access to municipal […]
Case Bulletin – Pennsylvania’s Superior Court Rejects Tolling Claims in Latent Disease Cases
On November 16, 2018, Pennsylvania’s Superior Court addressed whether claims of latent disease against an employer were tolled until the seminal Tooey ruling was issued in 2013. Moeller v. Armstrong World Indus., Inc., 361 MDA 2018, (Pa. Super. 2018); Riley v. Armstrong World Indus., Inc., 122 MDA 2018 (Pa. Super. 2018), Michael Moeller was employed […]
(Indiana County, PA) (October 2018). Zimmer Kunz attorneys Aaron Weiss and Jeffrey Ramaley obtained Summary Judgment for their client – an automobile insurance carrier – arising out of an underinsured motorist (“UIM”) claim. Plaintiff was involved in an automobile accident with a third party. Plaintiff then alleged that he required shoulder surgery as a result […]
ZK News – Attorney Sharon Hall Featured Speaker at American National Insurance Claims Conference
On September 28, 2018, Sharon Hall was a featured speaker at the American National Insurance annual claims conference in Springfield, Missouri. The presentation “Cause of Death. When Intentional Act Exclusions Make it Necessary to Solve the Crime” involved the effect of the intentional act exclusion when defending an insured accused of a crime. Ms. Hall […]
ZK News – ZK Attorneys Present Seminar on Secondary Exposure to Asbestos Cases
On August 2, 2018, Zimmer Kunz attorneys Joni Mangino, Ryan Zeli, Joe Petrina, Greg Scheuring and Brian Lucot presented a seminar to Travelers Insurance Company regarding second hand exposure liability in asbestos litigation. In the presentation, the underlying theories of liability along with the current state of the law in jurisdictions throughout the United States […]
Case Bulletin – West Virginia Supreme Court of Appeal Narrows Definition of Civil Conspiracy
In May of 2018, the West Virginia Supreme Court of Appeals authored an opinion that narrowed the definition of civil conspiracy in West Virginia case law. In Ellis v. Herndon, the West Virginia Supreme Court of Appeals held that a plaintiff cannot hold a defendant liable for civil conspiracy if the plaintiff willingly took part […]
Case Bulletin – Third Circuit Permits Insurer’s Contribution Claim Against Liquor Licensee
On August 22, 2018, the United States Court of Appeals for the Third Circuit reinstated an insurer’s contribution claim against a liquor licensee for allegedly overserving alcohol to its insured driver. Encompass Insurance Co. v. Stone Mansion Restaurant Inc., No. 17-1479 (argued October 12, 2017). In March 2011, Brian Viviani and Helen Hoey attended a […]
On Monday, August 20, 2018, the Superior Court authored its most recent opinion providing further insight into the application of the new products liability standard from Tincher v. Omega Flex, 104 A.3d 328, 399 (Pa. 2014). The Superior Court considered an appeal from the grant of a defendant’s summary judgment on the theory of defective […]
Attorneys George Stewart and Kerri Shimborske-Abel obtained the dismissal of their clients from a serious personal injury suit where the plaintiff suffered a significant traumatic injury to his lower leg in a motorcycle-motor vehicle accident. Plaintiff claimed that as he approached an intersection, that a co-defendant suddenly and without warning entered onto the highway directly […]
ZK News – World Squash Masters
In follow up to his March, 2018 participation in the US Squash Masters tournament held in Philadelphia, George Stewart competed in the 2018 WSF World Masters Squash Championships in the 60 plus age bracket. This event, hosted by the United States for the first time, ran from July 29 – August 4, 2018 at the […]
In the September 2017 decision of Safe Auto Insurance Company v. Oriental-Guillermo, et al., the Superior Court of Pennsylvania upheld a trial court’s granting of a Motion for Summary Judgment finding that an automobile insurance carrier was not obligated to provide insurance coverage to a non-relative resident when the policyholder did not list her as […]
The United States Supreme Court has recently authored a number of cases restricting situations in which courts can exercise general personal jurisdiction over an out of state defendant. See e.g. BNSF Ry. Co. v. Tyrrell, 137 S.Ct. 1549, 1558 (2017); Daimler AG v. Bauman, 571 U.S. 117, 137 (2014). However, the Pennsylvania Superior Court issued […]
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