2014 Pa. Super. 117 - Sokolsky v. Eidelman’s Empirical Analysis

Citation profile

11 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “Our standard of review of an order granting summary judgment requires us to determine whether the trial court abused its discretion or committed an error of law[,] and our scope of review is plenary. We view the record in the light most favorable to the nonmoving party, and all doubts as to the existence of a genuine issue of material fact must be resolved against the moving party. Only where there is no genuine issue as to any material fact and it is clear that the moving party is entitled to a judgment as a matter of law will summary judgment be entered. [[Image here]] ... Where the non-moving party bears the burden of proof on an issue, he may not merely rely on his pleadings or answers in order to survive summary judgment. Further, failure of a nonmoving party to adduce sufficient evidence on an issue essential to his case and on which he bears the burden of proof establishes the entitlement of the moving party to judgment as a matter of law.”

   2 later decisions quote this exact passage
   e.g. 2015 Pa. Super. 62 - Silvagni, P. v. Shorr, J. · 2015 Pa. Super. 41 - Rodriguez, M. v. Kravco Simon Co.

2. “[Generally,] [t]he conduct of an employee is considered within the scope of employment for purposes of vicarious liability if: (1) it is of a kind and nature that the employee is employed to perform; (2) it occurs substantially within the authorized time and space limits; (3) it is actuated, at least in part, by a purpose to serve the employer; and (4) if force is intentionally used by the employee against another, the use of force is not unexpected by the employer.”

   2 later decisions quote this exact passage
   e.g. Ludwig, D. v. McDonald, J. · 2015 Pa. Super. 101 - Estate of Denmark Ex Rel. Hurst v. Williams

3. “Upon review, we conclude that the trial court erred as a matter of law when it ruled Sokolsky could not establish her right to recovery on her vicarious liability claim solely because she did not base that claim on an individual staff member’s actions. The trial court’s interpretation of vicarious liability rebuffs both the intent and the purpose underlying this theory of recovery. Simply because employees are unnamed within a complaint or referred to as a unit, i.e., the staff, does not preclude one’s claim against their employer under vicarious liability if the employees acted negligently during the course and within the scope of their employment. Herein, both Manor Care and Lehigh Valley may be subject to vicarious liability for the negligent acts and omissions of its staff regarding the quality of care it rendered to Sokolsky. This vicarious liability attaches to Manor Care and Lehigh Valley regardless of Sokolsky’s attack of an individual member of either entity’s nursing staff.”

   1 later decision quote this exact passage
   e.g. 2015 Pa. Super. 101 - Estate of Denmark Ex Rel. Hurst v. Williams