In the recent case of Erie Insurance v. Mione, No. 2019-CV-2395 (C.P. Lehigh Co. June 26, 2020); Judge Michele Varrichio granted summary judgment in favor of Erie and denied Defendants' Motion for Judgment on the pleadings. Plaintiff Erie sought a declaration that...
Articles/E-Alerts
“Wave-on Liability” Allowed to Proceed to Jury
In the case of McLaughlin v. Caban, No. 2017-CV-5303 (C.P. Lacka. Co. June 24, 2020 Gibbons, J.), the Court of Common Pleas of Lackawanna County denied a Defendant driver's motion for summary judgment in which she asserted that there was no causal connection between...
A New Trial is the Remedy for a Verdict Against the Weight of the Evidence
In the case of Avery v. Cercone, 2019 Pa. Super. 366 (2019), the Superior Court addressed whether the trial court erred in denying Plaintiff's Post-trial motions from the judgment entered in the amount of $18,500 where the jury awarded Avery $8,500 for lost wages and...
Courts Enter Inconsistent Decisions on the Regular Use Exclusion
The longstanding UM/UIM coverage exclusion for claimants operating regularly-used, non-owned vehicles is under scrutiny, again. Whether this exclusion will survive is becoming less clear as various Courts continue to reevaluate the issue, in light of the...
Pennsylvania Superior Court Upholds Jury Verdict For Economic Losses Only
In a memorandum decision in the case of Pierchalski v. Thomas, No. 672 WDA 2019, the Pennsylvania Superior Court refused to overturn a jury verdict in the amount of $1,455.99, which was solely the alleged economic damages. The appellant, Mrs. Pierchalski, was...