Ronald W. DiLeo, Esquire

05/29/2025

11/04/2021

In several decisions, courts have found that the sender of a text message may be held liable if they knew, or in the exercise of reasonable care, should have known that their message would be a distraction to the driver.

01/20/2021

Interesting recent case by the PA Supreme Court on Sudden Emergency. Graham v. Check, 2020 Pa. Lexis, 6483, decided December 22, 2020. Court found that the instruction was improper. Case involved a pedestrian vs. auto.

Pennsylvania law recognizes that sometimes injurious accidents are not caused by carelessness, but because events conspire to create a situation so urgent and unexpected that the person alleged to be blameworthy had little or no practical opportunity to avert the harm. When the evidence suggests that such "sudden emergencies" may have played a role in a case, the judge may instruct a jury that, should it determine that such an emergency contributed to the accident, it should assess the defendant's performance commensurately.

But since the advent of the automobile, Pennsylvania law also has imposed a heightened standard of care upon drivers to exercise particular vigilance when it is reasonably foreseeable that a pedestrian will cross their path, particularly at intersections. The case now before us involves such a scenario. Citing darkness, an obstructed view, and a want of evidence of any overtly careless behavior by the driver, the trial court in this case charged the jury on sudden emergency- the pedestrian's ostensibly abrupt appearance in front of the driver mere moments before impact. We hold that the trial evidence failed to establish a foundation for that instruction here.

The decision to charge the jury on sudden emergency was prejudicial error in this case, and the plaintiff is entitled to a new trial.

12/10/2020

07/29/2020

All Civil Jury Trials scheduled through Monday, January 4, 2021, are postponed and will be rescheduled by the Court.

FIRST JUDICIAL DISTRICT OF PENNSYLVANIA
PHILADELPHIA COURT OF COMMON PLEAS
Tuesday, July 28, 2020
TRIAL DIVISION – CIVIL
NOTICE TO THE BAR

Commerce and Civil Trials
During the Covid-19 Emergency
Given the continued uncertainty of the Covid-19 Emergency and with the safety of
the parties, attorneys, witnesses and jurors in mind, please take notice of the
following:

1. Civil Non-Jury Trials scheduled for trial subsequent to Sept. 6, 2020, shall be heard by use of remote technology. Counsel shall review the published protocols in preparation for trial.

2. All Civil Jury Trials scheduled through Monday, January 4, 2021, are postponed and will be rescheduled by the Court.

3. Counsel are encouraged to review their Civil Jury cases and, by agreement,
have their case heard by a Judge sitting without a Jury. Counsel should file a
Stipulation of record and contact the assigned Team Leader who will schedule the Non-Jury case for trial.

Honorable Jacqueline F. Allen
Administrative Judge, Trial Division

Honorable Arnold L. New
Supervising Judge, Trial Division – Civil

Honorable Gary S. Glazer
Supervising Judge, Trial Division - Commerce

04/30/2020

The PHILADELPHIA Court of Common Pleas is proceeding with Judge Pro Tempore (JPT) conferences that were continued by Covid-19 on a remote basis to reduce the backlog cases.

The cases are assigned by the court to volunteer JPT’s who then contact counsel for a mutually agreed upon date to hear the case.

04/15/2020

Philadelphia Court of Common Pleas Trial Division Announces Postponement of Civil Trials, Compulsory Arbitration Hearings and Other Civil Court Events

Trial Division Administrative Judge Jacqueline Allen, Supervising Judge Arnold New and Commerce Program Supervising Judge Gary Glazer issued two notices to the bar today.

The first notice announces that all civil trials and compulsory arbitration hearings scheduled through May 29 are postponed and will be rescheduled by the court.

The second notice announces that all other court events in the Trial Division scheduled through May 1 are postponed and will be rescheduled by the court.

11/11/2019

In honor of all the men and women for their military service - Happy Veteran’s Day 🇺🇸

05/27/2019

A Day of Remembrance and Gathering.

Please take a moment to honor the men and woman who died while serving in the U.S. Military on this Memorial Day 2019.