10 results for 'judge:"Pellegrini"'.
J. Pellegrini finds that the trial court properly order the involuntarily termination of a mother’s parental rights to her three-year-old daughter and changed the child’s permanency goal to adoption. The child, who was born with a rare genetic condition that her biological parents did not have the means to accommodate for, has bonded with her foster parents, who have helped her make great progress. Affirmed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 28, 2023, Case #: J-S38031-23, Categories: Family Law, Government, Guardianship
J. Pellegrini finds that the lower court improperly dismissed the Philadelphia Department of Human Services’ petition for dependency of a minor child after the child was brought to the hospital with “multiple fractures and bruising on her wrist, ribs and elbows that were determined to be non-accidental.” The department presented clear and convincing evidence to support that the child’s parents had caused the injuries. Reversed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 13, 2023, Case #: J-A19031-23, Categories: Civil Procedure, Evidence, Guardianship
J. Pellegrini finds that the lower court properly entered judgment against Domino’s after a jury found it vicariously liable for the negligence of a pizza delivery driver for one of its franchises, who collided with a motorcyclist while completing deliveries. The franchise agreement did not give Domino’s day-to-day control over the franchisee, so it is not liable under vicarious liability. Reversed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: November 8, 2023, Case #: J-A26040-22, Categories: Tort, Premises Liability, Contract
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J. Pellegrini finds that the lower court properly entered judgment in this personal injury action between two drivers arising from a motor vehicle collision. Evidence concerning one of the driver's alcohol consumption was relevant to the issue of causation in this case and was, therefore, properly admitted. Also, the lower court's jury instructions "fully and accurately stated the law," and the court did not abuse its discretion in its decision not to instruct the jury on nearly a dozen non-standard charges when this case included only a single claim for negligence. Affirmed.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: September 18, 2023, Case #: J-A19043-23, Categories: Jury, Vehicle, Negligence
J. Pellegrini finds that the lower court improperly granted a petition to enforce settlement filed by one restaurant co-owner against another in this dispute over whether an agreement to transfer ownership shares is enforceable between the parties. The buying co-owner’s attorney accepted a
“redlined” version of an agreement sent by the selling co-owner’s attorney and the court made no findings concerning whether the former had authority to enter into the agreement without his client’s final approval. Remanded.
Court: Pennsylvania Superior Court, Judge: Pellegrini, Filed On: June 5, 2023, Case #: J-A11033-23, Categories: Civil Procedure, Property, Contract