negligence

Evidence of Prior DUI Conviction and DUI Education Class Admissible to Establish Driver’s Mens Rea

Evidence of a prior DUI conviction and participation in a DUI education program is admissible as inferential evidence of a driver’s state of mind, the Pennsylvania Superior Court held in Com. v. Diehl.

By | 2017-05-19T22:51:21+00:00 May 18th, 2016|Categories: Criminal Law|Tags: , , , , , , , , , , , , , , , , , , , , , , , , , |Comments Off on Evidence of Prior DUI Conviction and DUI Education Class Admissible to Establish Driver’s Mens Rea

Evidence of Decedent Pedestrian’s Intoxication Admissible in Negligence Action against Motorist

In a negligence action against a motorist who struck and killed a pedestrian, evidence of the decedent’s intoxication was admissible where corroborated by the defendant’s toxicology expert’s testimony, the Pennsylvania Superior Court decided in Coughlin v. Massaquoi.

By | 2017-05-19T22:51:21+00:00 April 8th, 2016|Categories: Civil Litigation|Tags: , , , , , , , , , , , , , , , , , , , |Comments Off on Evidence of Decedent Pedestrian’s Intoxication Admissible in Negligence Action against Motorist

Evidence of Patient’s Consent to Treatment Inadmissible in Medical Negligence Action

Evidence that a patient affirmatively consented to treatment after being informed of the risks of that treatment is generally irrelevant to a cause of action sounding in medical negligence, the Pennsylvania Supreme Court ruled in Brady v. Urbas.

By | 2017-05-19T22:51:29+00:00 April 22nd, 2015|Categories: Civil Litigation, Health Law|Tags: , , , , , |Comments Off on Evidence of Patient’s Consent to Treatment Inadmissible in Medical Negligence Action