On February 28, 2017, the Pennsylvania Superior Court in Dolby v. Ziegler Tire and Supply Company, et al. affirmed the Court of Common Pleas of Allegheny County’s entry of a compulsory non-suit in favor of the defendants. Plaintiffs alleged that a coal truck accident occurred as a result of an allegedly defective retreaded truck tire […]
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 […]
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). […]
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.
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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