Showing posts with label comparative negligence. Show all posts
Showing posts with label comparative negligence. Show all posts

Monday, September 27, 2010

STERLING LEWIS v. CRC INDUSTRIES, INC.

STERLING LEWIS v. CRC INDUSTRIES, INC.
No. 2358 EDA 2009 2010 PA Super 179 Atlantic: n/a Filed: 9/27/2010

Appeal from the Judgment entered June 19, 2009
In the Court of Common Pleas of Philadelphia County,
Civil Division, No. 000815, September Term, 2006
Before: ALLEN, LAZARUS, and FREEDBERG, JJ.
Opinion by: LAZARUS, J.
Dissenting Opinion by: ALLEN, J.
Sterling Lewis appeals from the judgment entered in the Philadelphia County Court of Common Pleas in favor of Appellee, CRC Industries, Inc. (“CRC”), following a jury trial in this strict product liability action. After careful review, we reverse and remand for a new trial.
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Monday, August 16, 2010

GORDON G. BELL v. WILLIAM A. DEAN, III

GORDON G. BELL v. WILLIAM A. DEAN, III
No. 1741 MDA 2009 2010 PA Super 151 Atlantic: n/a Filed: 8/16/2010

Appeal from the Order entered September 22, 2009
In the Court of Common Pleas of York County,
Civil Division, No. 2007-SU-4757-Y01
Before: MUSMANNO, LAZARUS, and OLSON, JJ.
Opinion by: LAZARUS, J.
Gordon Bell appeals from the order entered in the Court of Common Pleas of York County granting summary judgment in his negligence action against defendant, William Dean, III. After careful review, we conclude that the Pennsylvania Skier’s Responsibility Act (“the Act”) bars Bell’s recovery for damages for injuries sustained when Dean collided with him while the two skied and snowboarded at a recreational ski area. Accordingly, we affirm.
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Thursday, December 24, 2009

PAULA (LIVINGSTON) GRESIK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF GERALD LIVINGSTON, JR., Appellants (at 1462 and 1463) JOSEPH L. BELTOWS

PAULA (LIVINGSTON) GRESIK, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF GERALD LIVINGSTON, JR., Appellants (at 1462 and 1463) JOSEPH L. BELTOWSKI AND KAREN M. BELTOWSKI, HIS WIFE ) v. PA PARTNERS, L.P, Appellant (1502 and 1503)
No. 1462, 1463, 1502, and 1503 WDA 2008 2009 PA Super 253 Atlantic: n/a Filed: 12/24/2009

Appeal from the Order Entered August 1, 2008
In the Court of Common Pleas of Somerset County
Civil Division at No. 325 and 326 CIVIL 1996
Before: FORD ELLIOTT, P.J., ORIE MELVIN and BENDER, JJ.
Opinion by: BENDER, J.
Joseph Beltowski, Karen Beltowski, his wife, and Paula Livingstone Gresick, individually and as the administratrix of the estate of Gerald Livingstone, Jr. (Plaintiffs), appeal from the order entering summary judgment in favor of PA Partners, L.P. (Defendant), in Plaintiffs’ action against Defendant arising from an accident that occurred in a steel mill previously owned by Defendant. For the reasons that follow, we affirm.
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Monday, June 22, 2009

TIFFANY REKUN, INDIVIDUALLY AND AS ADMINISTRATRIX OF THE ESTATE OF NEIL REKUN v. CARL PELAEZ
No. 2321 EDA 2008 2009 PA Super 113 Atlantic: n/a Filed: 6/22/2009

Appeal from the Judgment entered July 2, 2008
In the Court of Common Pleas of Pike County,
Civil, No. 1277-2001-Civil
Before: STEVENS, LALLY-GREEN and KLEIN, JJ.
Opinion by: KLEIN, J.
Tiffany Rekun, the Administratrix of the Estate of Neil Rekun, initially filed suit against Carl Pelaez after Neil Rekun was killed while riding a motorcycle when hit by Pelaez. Ultimately, the parties agreed to binding arbitration before former Court of Common Pleas Judge Thomas Raup. Judge Raup found Neil Rekun 60% negligent and Carl Pelaez 40% negligent and determined the damages to be $800,000. The parties agreed on a cap on damages of $100,000.
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