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Supreme Court of Pennsylvania· 9/28/2004

Shamnoski v. Pg Energy

Citations

  • 858 A.2d 589
  • 579 Pa. 652
  • 2004 Pa. LEXIS 2225

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that responsibility for water damage “cannot lawfully be assigned to appellant” since “it was only the natural flow of excess water produced by the storm which proceeded down through the natural watercourse and caused the damage to appellees’ properties.”
  • observing that statutes reflecting a legislative judgment that a failure to engage in certain specified conduct constitutes negligence, may provide the duty of care in finding negligence per se
  • observing that statutes reflecting a legislative judgment that a failure to engage in certain specified conduct constitutes negligence, may provide the duty of care in finding negligence per se
  • explaining that a statute can define the applicable standard of care in its own right only if it is sufficiently specific to provide concrete guidance extending beyond that provided by ordinary principles of negligence
  • refusing to recognize a negligence per se theory due to the applicable statute setting forth a “general standard of conduct”
  • negligence per se requires a specific legislative enactment that “leave[s] little, question, that a person or entity found in violation of it deviated from a reasonable standard of care”

Source: CourtListener parenthetical corpus (CC0).

Judges: Zappala, Cappy, Castille, Nigro, Newman, Saylor, Eakin, Former

Read full opinion on CourtListener

Cited by

24 cases in this archive cite this case; the 20 most cited are listed.

Cites

12 cases in this archive are cited by this case.

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.