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Opinion Digests

Workers' Comp – Pre-existing Hearing Loss – No Empolyer Credit (access required)

Although claimant had a measurable hearing loss when he began employment as a mechanic, the employer is not entitled to offset claimant’s eventual hearing permanent loss by that measurable pre-employment hearing loss, thereby reducing the level of hearing loss attributable ...

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Criminal – DUI – Sufficiency – Motor Scooter (access required)

Where a police officer observed defendant “stumbling” on a grassy area, then saw him attempt to lift a “motor scooter” and position it “in proximity” to the highway, then mount the scooter, and, with its engine running and headlight burning, ...

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Domestic Relations – Divorce Decree – Wife's Alleged Fraud – Psychologists' Opinions On Abuse Allegations (access required)

Where husband sought to overturn a five-year old divorce decree based on his alleged cruelty and constructive desertion by using affidavits from two psychologists concerning their belief the wife had not been physically or psychologically abused by the husband, this ...

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Criminal – Search & Seizure – Inevitable Discovery (access required)

Where the police officer, who initially stopped defendant for running a red light and then suspected him of DUI because of the smell of alcohol, reached directly into defendant’s pocket to discover what object defendant had placed there, without first ...

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Civil Practice – Service Of Process – Secretary Of Commonwealth – Due Diligence – Default Judgment Set Aside (access required)

Where the creditor, after learning that the return of service indicated the debtor company had moved, failed to conduct a minimum search of a local telephone or city directory or to check with the State Corporation Commission to ascertain the ...

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Commercial – Guarantors On Lease – Liability For Renewal Period – Continuing Guaranty (access required)

Although the guarantors on a restaurant lease argue that, as gratuitous sureties on the original lease, their guaranties cannot extend to the renewal period of the lease, absent express language in the lease’s addendum, the guaranties continue through the lease ...

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