8 Pennsylvania opinions name it 3 courts 2010–2021 2 in the last five years
The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Phillips v. Cricket Lightersgreen1 sentence2021Pursuant to Section 402A, 24391 A.2d 1020 (Pa. 1978). 5 Tincher, 104 A.3d at 405 . 26 Phillips v. Cricket Lighters, 841 A.2d 1000, 1008 (Pa. 2003) (citing Morena v. South Hills Health System, 462 A.2d 680 , 684 n. 5 (Pa. 1983)). 27 Martin v. Evans, 711 A.2d 458, 461 (Pa. 1998). | 1 | 1 |
Martin v. Evansgreen1 sentence2021Pursuant to Section 402A, 24391 A.2d 1020 (Pa. 1978). 5 Tincher, 104 A.3d at 405 . 26 Phillips v. Cricket Lighters, 841 A.2d 1000, 1008 (Pa. 2003) (citing Morena v. South Hills Health System, 462 A.2d 680 , 684 n. 5 (Pa. 1983)). 27 Martin v. Evans, 711 A.2d 458, 461 (Pa. 1998). | 1 | 1 |
Talarico v. Bonhamgreen1 sentence2021(Appellees’ Brief at 10-11.) 7 elements: “(1) [Appellees’] duty or obligation recognized by law; (2) a breach of that duty; (3) a causal connection between [Appellees’] conduct and the resulting injury; and (4) actual damages.” Id. (citing Talarico v. Bonham, 650 A.2d 1192, 1195-96 (Pa. Cmwlth. 1994)). | 1 | 1 |
Jones v. Southeastern Pennsylvania Transportation Authoritygreen2 sentences2017SEPTA’s argument that Lacava failed to establish that a defective condition of the rail existed sufficient to constitute a defect of SEPTA’s real estate and fall within the “real estate” exception to sovereign immunity Section 8522(b)(4) of the Sovereign Immunity Act states that the defense of sovereign immunity shall not be raised to claims for damages caused by: (4) Commonwealth real estate, highways and sidewalks. — A dangerous condition of Commonwealth agency real estate and sidewalks, including Commonwealth-owned real property, leaseholds in the possession of a Commonwealth agency and Com 2017SEPTA’s argument that Lacava failed to establish that a defective condition of the rail existed sufficient to constitute a defect of SEPTA’s real estate and fall within the “real estate” exception to sovereign immunity Section 8522(b)(4) of the Sovereign Immunity Act states that the defense of sovereign immunity shall not be raised to claims for damages caused by: (4) Commonwealth real estate, highways and sidewalks. — A dangerous condition of Commonwealth agency real estate and sidewalks, including Commonwealth-owned real property, leaseholds in the possession of a Commonwealth agency and Com | 1 | 1 |
Duffy v. Petersongreen2 sentences2016Finally, Appellant maintains that Tsimura is subject to liability under the common law negligence principle, as outlined in Duffy v. Peterson, 386 Pa. 533 , 126 A.2d 413, 416 (1956), that “[a]U individual sub-contractors engaged in a common enterprise owe to each other the duty of care required to business visitors.” Our Supreme Court analyzed this duty in McKenzie v. Cost Brothers, Inc., 487 Pa. 303 , 409 A.2d 362 (1979). 2016Finally, Appellant maintains that Tsimura is subject to liability under the common law negligence principle, as outlined in Duffy v. Peterson, 386 Pa. 533 , 126 A.2d 413, 416 (1956), that “[a]U individual sub-contractors engaged in a common enterprise owe to each other the duty of care required to business visitors.” Our Supreme Court analyzed this duty in McKenzie v. Cost Brothers, Inc., 487 Pa. 303 , 409 A.2d 362 (1979). | 1 | 1 |
Carrender v. Fitterergreen1 sentence2016Carrender v. Fitterer, 469 A.2d 120, 123 (Pa. 1983); Restatement (Second) of Torts § 343 (1965). | 1 | 1 |
McMahon v. Pleasant Valley West Ass'ngreen1 sentence2010The elements of a common law negligence claim are: “(1) a duty or obligation recognized by the law requiring the defendant to conform to a certain standard of conduct for the protection of others against unreasonable risks; (2) the defendant’s failure to conform to the standard required; (3) a causal connection between the conduct and the resulting injury; and (4) actual loss or damage resulting to the plaintiff.” McMahon v. Pleasant Valley West Association, 952 A.2d 731, 735 (Pa. Commw. 2008). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Morena v. South Hills Health System
green
1 sentence2021Pursuant to Section 402A, 24391 A.2d 1020 (Pa. 1978). 5 Tincher, 104 A.3d at 405 . 26 Phillips v. Cricket Lighters, 841 A.2d 1000, 1008 (Pa. 2003) (citing Morena v. South Hills Health System, 462 A.2d 680 , 684 n. 5 (Pa. 1983)). 27 Martin v. Evans, 711 A.2d 458, 461 (Pa. 1998). | 1 | 2021–2021 |
Page v. City of Philadelphia
neutral
1 sentence2021(Appellees’ Brief at 10-11.) 7 elements: “(1) [Appellees’] duty or obligation recognized by law; (2) a breach of that duty; (3) a causal connection between [Appellees’] conduct and the resulting injury; and (4) actual damages.” Id. (citing Talarico v. Bonham, 650 A.2d 1192, 1195-96 (Pa. Cmwlth. 1994)). | 1 | 2021–2021 |
Tincher, T. v. Omega Flex, Inc., Aplt.
green
1 sentence2021Pursuant to Section 402A, 24391 A.2d 1020 (Pa. 1978). 5 Tincher, 104 A.3d at 405 . 26 Phillips v. Cricket Lighters, 841 A.2d 1000, 1008 (Pa. 2003) (citing Morena v. South Hills Health System, 462 A.2d 680 , 684 n. 5 (Pa. 1983)). 27 Martin v. Evans, 711 A.2d 458, 461 (Pa. 1998). | 1 | 2021–2021 |
Bailey v. Cottrell, Inc.
green
2 sentences2018Likewise, in Bailey v. Cottrell, Inc. , [ 313 Ga.App. 371 ] 721 S.E.2d 571 ( [Ga. Ct. App.] 2011), a Georgia case interpreting Indiana law, the court held that Indiana specifically has rejected a risk utility test in favor of a common law negligence analysis. 2018Likewise, in Bailey v. Cottrell, Inc. , [ 313 Ga.App. 371 ] 721 S.E.2d 571 ( [Ga. Ct. App.] 2011), a Georgia case interpreting Indiana law, the court held that Indiana specifically has rejected a risk utility test in favor of a common law negligence analysis. | 1 | 2018–2018 |
McKenzie v. Cost Bros., Inc.
green
2 sentences2016Finally, Appellant maintains that Tsimura is subject to liability under the common law negligence principle, as outlined in Duffy v. Peterson, 386 Pa. 533 , 126 A.2d 413, 416 (1956), that “[a]U individual sub-contractors engaged in a common enterprise owe to each other the duty of care required to business visitors.” Our Supreme Court analyzed this duty in McKenzie v. Cost Brothers, Inc., 487 Pa. 303 , 409 A.2d 362 (1979). 2016Finally, Appellant maintains that Tsimura is subject to liability under the common law negligence principle, as outlined in Duffy v. Peterson, 386 Pa. 533 , 126 A.2d 413, 416 (1956), that “[a]U individual sub-contractors engaged in a common enterprise owe to each other the duty of care required to business visitors.” Our Supreme Court analyzed this duty in McKenzie v. Cost Brothers, Inc., 487 Pa. 303 , 409 A.2d 362 (1979). | 1 | 2016–2016 |
Rooney v. City of Philadelphia
green
1 sentence2013The U.S. District Court reached the same conclusion in Rooney , noting that allowing a common law negligence claim to proceed “would thwart [the Railroad Safety Act’s] goal of achieving uniform, national standards for railroad operations.” Rooney, 623 F.Supp.2d at 666 n. 19. | 1 | 2013–2013 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.