March 02, 2007 : David J. Rosenberg Prevails in Two Superior Court Cases
Weber Gallagher partner David J. Rosenberg represented prevailing parties in two recent decisions issued by the Pennsylvania Superior Court. In Ivory v. Collins, issued on February 20, 2007, a three-judge panel unanimously affirmed the trial court’s denial of the plaintiff’s motion for relief from a judgment of non pros because the motion was not timely filed, and did not contain a reasonable explanation or legitimate excuse for the plaintiff’s inactivity or delay or set forth a meritorious cause of action.
In Cornelissen v. Zahorchak, issued on February 22, 2007, a divided panel affirmed the trial court’s grant of summary judgment to a deck hockey player whose shot struck a spectator in the eye, causing permanent blindness. Six days prior to the accident, a referee told the plaintiff she could not observe from the players’ bench area unless she signed a waiver and release or liability form; she signed the release that day. After the plaintiff sued for negligence, the player filed a motion for summary judgment, arguing the plaintiff’s claim was barred by waiver, the “no duty” rule, and assumption of risk. The majority upheld the trial court’s decision to dismiss the case based on the application of the “no duty” rule and the waiver doctrine.
File Under: Results, David J. Rosenberg