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Pennsylvania Case Summaries Martinez v. Lewis Tree Service (WCAB) Commonwealth Court of Pennsylvania No. 298 C.D. 2023 Decided February 8, 2024 A tree trimmer was found to be a traveling employee acting within course of scope of employment. Background The Claimant was employed as a crew leader for Employer’s tree-trimming business. On October 1, 2021,… read more

West Virginia Case Summary Patton Bldg. Servs., Inc. v. Kaida State of West Virginia Supreme Court of Appeals No. 22-0177, 2024 W. Va. LEXIS 98 Decided February 26, 2024 There must be an actual medical diagnosis for a claim to be found compensable, not simply a description of symptoms. Background The Claimant, a janitor, filed… read more

SIGNIFICANT CASE SUMMARIES Federal Case Summary Ziadeh v. Walmart Inc. United States District Court for the Middle District of Pennsylvania 2024 U.S. Dist. LEXIS 597 Decided: January 2, 2024 Summary judgment granted in trip and fall over pallet in retail store as same was an open and obvious condition. Background A customer tripped over a… read more

SIGNIFICANT CASE SUMMARIES Pennsylvania Case Summaries Rush v. Erie Ins. Exch. Pennsylvania Supreme Court No. 77 MAP 2022 Decided: January 29, 2024 In this long-awaited decision, the Pennsylvania Supreme Court holds that the “regular use exclusion” in automobile policies is valid and enforceable and not contrary to the Pennsylvania Motor Vehicle Financial Responsibility Law (“MVFRL”)…. read more

SIGNIFICANT CASE SUMMARIES Maryland Case Summary Ceron v. Kamara Maryland Appellate Court 2024 Md. App. LEXIS 109 Decided: February 8, 2024 Defendant’s statement during closing was not sufficiently prejudicial to constitute a reversible error. Background Claudia Ceron (“Plaintiff”) and Richard Kamara (“Defendant”) were involved in a motor vehicle accident in Montgomery County, Maryland. Plaintiff alleged… read more