Case Bulletin – Allegheny County Judge Colville Approves of Alternative Service via Facebook
The Pennsylvania Rules of Civil Procedure regarding service of original process provide: (a) Original process may be served (1) by handing a copy to the defendant; or (2) by handing a copy (i) at the residence of the defendant to an adult member of the family with whom he resides; but if no adult member […]
On May 17, 2018, the Commonwealth Court affirmed the Workers’ Compensation Appeal Board’s dismissal of a claim filed by an electrical worker which arose after that worker was injured in a motor vehicle accident while driving to work. Generally, the “coming and going” rule exempts employers from liability for injuries suffered by employees while commuting […]
ZK News – Four ZK Attorneys Named 2018 Super Lawyers
Zimmer Kunz, PLLC is pleased to announce that Dara DeCourcy, George Stewart, Joseph Selep and Joseph Butcher have again been selected as Pennsylvania Super Lawyers®. This is the 10th straight year that Mr. Stewart and Mr. Selep have been recognized as top defense civil litigation attorneys. Ms. DeCourcy is again being recognized for her expertise […]
Case Bulletin – West Virginia Enacts Legislation Limiting Non-resident Lawsuits in West Virginia
On March 27, 2018, West Virginia Governor, Jim Justice, approved House Bill 4013. Notably, this bill limits venue for civil actions to West Virginia residents or to non-residents where a substantial part of the acts/omissions giving rise to the claim(s) occurred in the state of West Virginia. This bill is essentially the West Virginia legislature’s […]
On February 21, 2018, the Pennsylvania Supreme Court held that when PennDOT installs a guardrail, “sovereign immunity is waived if the agency’s negligent installation and design creates a dangerous condition.” Cagey v. Commonwealth, ___ A.3d ___, 2018 WL 987783 (Pa. Feb. 21, 2018) (overruling Lambert v. Katz, 8 A.3d 409 (Pa. Commw. 2010); Stein v. […]
On February 16, 2018, the Superior Court found that a Defendant manufacturer/supplier was entitled to a new trial following a denial of post-trial motions. It held that because the Supreme Court’s decision in Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014) created a new definition of “defect” a jury charge containing an outdated […]
Case Bulletin – DUI Legal & Practical Developments; What It Takes to Reach the Legal Limit
Along with DUI laws in states across the country, Pennsylvania DUI laws and associated penalties are changing. A recent U. S. Supreme Court case, Birchfield v. North Dakota, decided on June 23, 2016, held that taking a blood sample or administering a breath test is a search governed by the Fourth Amendment. In this context, […]
On January 28, 2018, in Schwartz v. Honeywell International, Inc., 2018 WL 793606 (Ohio 2018), the Supreme Court of Ohio held: (1) in cases where injuries are alleged from asbestos exposure, a plaintiff must show that exposure to a particular defendant’s product was a “substantial factor” in causing the injury under R.C. 2307.96, and a […]
Erie Ins. Exch. v. Bristol., No. 124 MAP 2016 (Pa., Nov. 22, 2017). In July 2005, Michael Bristol was injured in a hit-and-run accident while working as a lineman for RCC, Inc. RCC was insured though a policy issued by Erie Insurance that contained an Uninsured/Underinsured Motorist Coverage Endorsement. That endorsement contained an arbitration clause. […]
ZK Result – Adam Auchey Obtains Defense Win for Insurance Company at Arbitration
Adam Auchey obtained a defense award at arbitration in Allegheny County, Pennsylvania. Plaintiff, an insurance company seeking subrogation of property damage benefits paid to its insured following an accident at an exposition in Pittsburgh, filed suit against the exposition organizer and the property owner where the exposition occurred. In response, the Defendants filed a counterclaim […]
Case Bulletin – Superior Court Holds Fair Share Act Applies to Strict Liability Claims
On Tuesday, December 28, 2017, the Superior Court ruled that the Fair Share Act, 42 Pa.C.S. § 7102, applies to strict liability cases, including asbestos litigation. Roverano v. John Crane, Inc., ___ A.3d ___, 2017 WL 6761077 (Pa. Super. 2017). In Roverano, the plaintiff alleged exposure to asbestos during his employment from 1971-1981. He was […]
(Upshur County, WV) (November 2017). Zimmer Kunz attorneys Joseph Selep and Aaron Weiss obtained a dismissal for their clients – a fraternity and fraternity member – arising out of an incident at a local university. Plaintiff, a student, had been disciplined by the university following an incident involving a lewd photograph of a female student, […]
Case Bulletin – Third Circuit Upholds Dismissal Based On Lack of Personal Jurisdiction
On September 7, 2017, the Third Circuit upheld a dismissal of a Complaint against Walt Disney Parks and the Walt Disney Company based upon lack of personal jurisdiction. See Barth v. Walt Disney Parks & Resorts U.S., Inc., 2017 WL 3951783 (3d Cir. Sept. 8, 2017) (unpublished). The Plaintiffs sued the Disney Defendants in Philadelphia […]
On September 25, 2017, a Philadelphia trial court (the “Court”) granted Defendants’ motions in limine and precluded two of Plaintiff’s experts from testifying at trial in a talcum powder mesothelioma case Brandt v. Bon-Ton Stores, Inc., 2017 WL 4271039 (Pa. Com. Pl.). After extensive motions, briefing and several days of testimony in Frye hearings, the […]
ZK Results – Jury Trial Defense Verdict for Attorney John W. Zotter
On September 28, 2017, an Allegheny County jury returned a defense verdict in favor of Zimmer Kunz clients represented by Shareholder, John W. Zotter. Plaintiff filed suit against the owner of commercial property and the tenant, a worldwide restaurant chain. Plaintiff alleged that she sustained a closed head injury when she slipped on ice and […]
Morrisey v. W. Va. AFL-CIO, No. 17-0187, (W. Va., Sept. 15, 2017). In 2016, the West Virginia Legislature enacted the Workplace Freedom Act, which amended labor-relations laws regarding union representation of employees. The Act restricted the ability of unions to compel employee membership and the payment of union dues from non-union members. Several unions filed […]
ZK Results – Attorney Ryan Zeli receives verdict in favor of contractor client
On September 28, 2017 shareholder Ryan Zeli received a non-jury verdict from the Court of Common Pleas of Blair County, Pennsylvania in favor of a contractor he represented who struck a transformer while clearing brush on state game lands. The impact with the transformer caused an oil spill and required specialized environmental cleanup. The Plaintiff, […]
Rancosky v. Washington Nat. Ins. Co., No. 28 WAP 2016 (Pa., Sep. 28, 2017). This appeal arose from a dispute between Conseco Health Insurance Company and its insured (LeAnn Rancosky) over a cancer insurance policy Rancosky had purchased in connection with her employment as a postal worker. The dispute centered on the policy’s waiver-of-premium provision, […]
ZK News – Matthew Breneman presents Personal Injury CLE
Shareholder Matthew Breneman recently served as a speaker at a CLE in Pittsburgh entitled “Personal Injury from A to Z”. His presentation focused in updates on legislation and case law in areas of personal injury litigation. He also discussed the utilization of medical records and bills in developing a case. Please contact Mr. Breneman if […]
ZK News – Westfield Defense Days Awards
Zimmer Kunz and Chris Yoskosky are pleased to be the recipients of two Westfield Insurance awards for 2017. Zimmer Kunz was presented with the Westfield Insurance “Blue Ocean” Award, in recognition of “Value Innovation” and strategic partnership and Chris Yoskosky was the recipient of the 2017 Oars Award for Resolution Through Innovation. These awards were […]
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