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Wrongful Death Proceeds May Be Recovered by Adult Emancipated Child
On December 6, 2006, the Superior Court of Pennsylvania found that an emancipated daughter of a decedent suffered a pecuniary loss when her deceased father had provided gifts to her in the past with sufficient frequency that she had a reasonable expectation that the...
Challenge to Improper Venue May Only be Made in Preliminary Objections
The Pennsylvania Supreme Court ruled improper venue must be raised by preliminary objection and if not so raised shall be waived. Zappala v. Brandolini Property Management, Inc. (Pa. November 27, 2006). This personal injury case was filed against various...
Pennsylvania Supreme Court Finds That The Bankruptcy Code Preempts State Law Dragonetti Claims
In a case of first impression, the Pennsylvania Supreme Court found that state court wrongful use of civil proceedings and abuse of process claims (Dragonetti claims) which are based on frivolous claims filed in Bankruptcy Court are pre-empted by the Bankruptcy...
Supreme Court Makes Pennsylvania an “Any-Majority Rule” State
The Pennsylvania Supreme Court refused to toss out a verdict where the same 10 jurors did not agree on each special jury interrogatory. Fritz v. Hazel Wright et. al., 907 A.2d 1083 (Pa. 2006). In Fritz, plaintiff sustained injuries when he fell on a...
Venue Against a Corporation Cannot Be Based Upon Incidental Advertising
In Kisak v. Wheeling Park Comm'n, 898 A.2d 1083 (Pa. Super. 2006), a husband and wife, residents of Pennsylvania, were playing miniature golf in West Virginia when the wife fell and sustained an injury. The miniature golf park was owned by the Wheeling Park...
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