On February 22, 2022, Zimmer Kunz attorney, Anthony J.G. Hassey won at arbitration in the matter of State Farm v. Olsakovsky, after Plaintiff’s counsel declined to settle the matter for the policy limits. In the early morning hours of March 7, 2019, Defendant’s vehicle died, due to a faulty alternator, on a dark, remote part […]
A PennDOT equipment operator suffered an injury on August 22, 2016. The employer’s workers compensation carrier, InServco, accepted liability for a low back sprain/tear and a left hip sprain/tear pursuant to two medical only notices of compensation payable. The employee did not miss any work because of his injury and did not receive indemnity benefits […]
The Third Circuit Court of Appeals affirmed entry of summary judgment in favor of an under-insured motorist plaintiff in a dispute involving inter-policy stacking. Donovan v. State Farm Mut. Auto. Ins. Co., 2022 U.S. App. LEXIS 4232, — A.3d — (3rd Cir. 2022). In that matter, the plaintiff was involved in a motorcycle accident and […]
ZK News – Zimmer Kunz Attorneys Volunteer in PBA Mock Trial Program
The Regional rounds of the Pennsylvania Bar Association’s High School Mock Trial Program are coming to a close, and Zimmer Kunz attorneys have been a key part of the event in Region 1, which encompasses Allegheny County. Associate Thomas Cocchi was asked by PBA mock trial leadership to assist in the coordination of the mock […]
In December 2021, the Eastern District of Pennsylvania addressed the issue of whether an employer’s willful or wanton disregard for an employee’s safety by deliberately exposing its employees to the COVID-19 virus was sufficient to overcome the exclusivity provisions of the Workers’ Compensation Act in Barker v. Tyson Foods, Inc., No. 21-223 (E.D. Pa. Dec. […]
PA Update – Superior Court of Pennsylvania Affirms Judgment in Favor of Employer-Social Host
In Klar v. Dairy Farmers of America, Inc., ___ A.3d ___, 2021 Pa. Super. LEXIS 729 (Pa. Super. Dec. 17, 2021), the Pennsylvania Superior Court held that a defendant-employer cannot be held liable under a Dram Shop-style action. The employer organized and encouraged its employees to participate in a pay-to-play golf outing at a public […]
ZK Results – Attorney Sharon Hall obtains summary judgment and dismissal of wrongful death suit
Attorney Sharon Hall obtained summary judgment for her clients in a wrongful death suit alleging professional negligence in the performance of home health services leading to the death of a client. Plaintiff, the administrator of the estate of the deceased, claimed the home health agency was liable for her mother’s death when they failed to […]
ZK News – Zimmer Kunz Announces Brian M. Lucot as New Director of the Firm
Pittsburgh – February 7, 2022 – Zimmer Kunz, PLLC, a leading regional civil litigation firm, is pleased to announce the appointment of Brian M. Lucot as a new Director of the firm. Mr. Lucot is a 2010 graduate of the Duquesne University School of Law, cum laude, and a 2006 graduate of Pennsylvania State University. Mr. […]
(Brooke County, WV) (October 2021) Last month, Zimmer Kunz attorneys Mark A. Fiorilli and Adam S. Auchey obtained a significant victory at the summary judgment stage in Brooke County, West Virginia. In early 2021, our client was joined into a lawsuit originally filed in 2016, alleging a deliberate intent claim against it. The plaintiff contends […]
ZK Result – Attorney Aaron Weiss Obtains Defense Win in Auto Accident Jury Trial
(Allegheny, PA) (October 2021). After a two day civil jury trial in the Court of Common Pleas of Allegheny County, Pennsylvania, Zimmer Kunz attorney Aaron Weiss obtained a defense verdict on behalf of his client in a motor vehicle accident at a three-way intersection. Both parties claimed the other was at fault, and that he/she […]
ZK News – Zimmer Kunz Sponsors Barrel & Flow Festival
This year Zimmer Kunz sponsored Barrel & Flow, a craft beer festival to promote craft beer among diverse communities, specifically the African American community. As part of the event, ZK collaborated with Anthony “Sizzle” Perry and his team at Crafted Culture in Columbus, Ohio to brew a beer. Crafted Culture is the Central Ohio’s first […]
Attorney Aaron Weiss will be speaking about brewery law at the upcoming Barrel & Flow Festival on Friday, September 10, 2021. Aaron’s topic is titled “Fermentation and Litigation” and will discuss an overview of the aspects of litigation that can impact breweries and other businesses in order to provide knowledge, context, and comfort to this […]
WV Update – West Virginia State Legal Summary Outline
A. Liability/Fault Fault Scheme Modified Comparative – 51% Bar If a plaintiff is negligent, the degree of fault will reduce their recovery, until it equals the fault of others, then it will be barred. W. Va. Code § 55-7-13(a-d) (2015). Under the modified comparative fault system, each party is held responsible for damages in […]
WV Update – West Virginia Enacts Legislation to Implement Intermediate Court of Appeals
On April 8th, 2021, Senate Bill 275 was signed by Governor Jim Justice of West Virginia. This new bill creates The Intermediate Court of Appeals of West Virginia. This bill removes the Workers’ Compensation Office of Administrative Law Judges, also known as the Office of Judges, and transfers its duties and powers to the Workers’ […]
On March 18, 2021, the Third Circuit Court of Appeals affirmed the May 19, 2020 order of the United States District Court in the Western District of Pennsylvania in Dunleavy, et al. v. Mid-Century Ins. Co., 2020 WL 2536816 (W.D. Pa. May 19, 2020). In doing so, these Federal Courts distinguished the Pennsylvania Supreme Court […]
(Allegheny County, PA) (March 2021). Zimmer Kunz attorney Aaron Weiss recently obtained a dismissal of a parent from a lawsuit for personal injuries arising out of his daughter’s college apartment. A college student alleged that he was injured when he fell from the roof of an apartment during a party. When the student sued the […]
ZK News – Pennsylvania Super Lawyers and Rising Stars
Zimmer Kunz is pleased to announce that Dara DeCourcy, Joseph Selep, George Stewart, and Joseph Butcher have again been selected as Pennsylvania Super Lawyers©, and Aaron Weiss has been recognized as a Pennsylvania Rising Star. The Super Lawyer designation entails a peer review nomination process, supplemented by third party research to establish high ethical standards […]
WV Update – West Virginia Enacts Legislation Impacting Asbestos and Silica Lawsuits
On April 15, 2021, West Virginia Governor, Jim Justice, signed House Bill 2495 into law. Notably, this bill codifies the following requirements for asbestos and silica lawsuits: A plaintiff with a non-malignant condition must file a medical report and diagnosis, prepared by a qualified physician and meeting the statutory requirements, within ninety days of filing […]
On March 25, 2021, the Pennsylvania Supreme Court affirmed the previous Opinion and Order of the Commonwealth Court, holding that the PLCB must implement a new procedure permitting the shipment of special orders directly to customers. MFW Wine Co., LLC v. Pa. Liquor Control Bd., 2021 Pa. Lexis 1275 (Pa. Mar. 25, 2021). Prior to […]
ZK News – Attorney Joseph Butcher to Present for National Business Institute
Zimmer Kunz Attorney and Shareholder Joseph Butcher will be one of the speakers for National Business Institute’s Mini-MBA for Attorneys on April 23, 2021. Mr. Butcher will be speaking on the topic of Labor and Employment Law. The link for the live on-line seminar is as follows: https://www.nbi-sems.com/ProductDetails/The-Mini-MBA-for-Attorneys/Online-Seminar/89221ER_3210050?st=PA&crdt=PA%20CLE&pt=1
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