In Independent Enterprises, Inc. v. JD Fields & Co., Inc., No. 1421 WDA 2014 (Pa. Super. 2015), the Superior Court affirmed a trial court verdict in favor of plaintiff, in spite of defendant's claims that the trial court failed to require plaintiff to prove a...
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Houston Harbaugh
Month: May 2015
Pennsylvania Supreme Court to Reconsider Employer’s Liability for Physical Injury Caused by Independent Contractor’s Work
On May 14, 2015, the Pennsylvania Supreme Court granted a petition for allowance of appeal on two narrow issues relating to an employer's liability for negligence under Section 414 of the Restatement (Second) of Torts: (1) was it appropriate for the Superior Court to...
Creditor’s Failure to Allege Condition Precedent in Complaint in Confession of Judgment Cannot Be Cured through Amendment, Says PA Superior Court
Where a creditor files a complaint in confession of judgment but fails to allege the occurrence of a condition precedent, can the defect be cured through amendment in order to prevent exhaustion of the warrant of attorney? The Pennsylvania Superior Court has held...
COURT FINDS THAT SUBCONTRACTOR NOT THIRD PARTY BENEFICIARY TO PRIME CONTRACT
In Linde Corp. v. RKR Hess Assoc., Inc, and Pocono Twsp. No. 4252 CV 2012 (Comm. Pleas Monroe 2015) Judge Harlacher considered the preliminary objections of defendant Pocono Township to the claims asserted by additional defendant subcontractor Gabe's Construction...
