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PENNSYLVANIA RECORD

Tuesday, May 14, 2024

Latest News


Lancaster County seeks dismissal from wrongful death suit concerning man who died by suicide in custody

By Nicholas Malfitano |
ALLENTOWN – Lancaster County is attempting to have itself be dismissed from wrongful death litigation brought by the estate of an inmate who died by suicide in custody in the County, while suffering from withdrawal symptoms.

Suit: Daycare's negligence led to plaintiff's son falling off table and cutting his eye

By Nicholas Malfitano |
PITTSBURGH – The parent of a toddler-aged son alleges that the daycare facility she entrusted to care for her son was negligent in their duties, resulting in her son falling and sustaining a facial laceration to his left eye.

Ophthalmologist's injury case against bike manufacturer and others sent to N.J. federal court

By Nicholas Malfitano |
PHILADELPHIA – A judge has transferred an injury lawsuit brought by a local ophthalmologist, who suffered a tear of his left triceps tendon and other injuries when his bicycle’s coaster brake allegedly failed and he crashed on a roadway, to a New Jersey federal court.

Moms of kid allegedly sexually assaulted at York elementary school say they did not make false report

By Nicholas Malfitano |
YORK – The mothers of a minor child who they alleged had suffered a sexual assault at the hands of an older student in the restroom of his elementary school stand by their claims and reject an argument from York School District that they had made a false report that hindered the resulting investigation.

Pa. State Trooper named in wrongful death suit moves for stay, until Philly DA's Office wraps up investigation

By Nicholas Malfitano |
PHILADELPHIA – Counsel for a Pennsylvania State Trooper who shot and killed an 18-year-old man near a street race on Interstate-95 in Philadelphia last year say the subsequent wrongful death civil lawsuit brought by the decedent’s parents and friends should be stayed, during the pendency of the Philadelphia District Attorney’s Office’s investigation into potential criminal charges.

Judge rules no default judgment in Bradford County father's wrongful death suit against unknown Pa. State Troopers

By Nicholas Malfitano |
WILLIAMSPORT – A federal judge has refused to issue a default judgment in a case brought by a Bradford County father who witnessed his 15-year-old son being shot and killed by three unknown Pennsylvania State Police troopers last year, and then sued the unknown troopers for what he argues was his son’s wrongful death.

School district paying $50K to settle lawsuit from girl with asthma who couldn't wear mask during pandemic

By Nicholas Malfitano |
ERIE – A father who alleged his daughter faced discrimination and retaliation from the Avonworth School District for her asthma preventing her from being able to adhere to mandatory masking during the COVID-19 pandemic, has motioned to settle his claims for $50,000.

Philadelphia police lieutenant says complying with COVID-19 policy lost him overtime assignments

By Nicholas Malfitano |
PHILADELPHIA – A Philadelphia police lieutenant claims that after he contracted COVID-19, recovered and returned to work, his superiors unofficially revoked his eligibility for overtime assignments in retaliation for his absence from duty to recover from the virus – despite such an absence complying with department policy.

Violent altercation on scene of Hanover pet resort leads to second civil lawsuit

By Nicholas Malfitano |
HARRISBURG – An altercation which escalated to gunshots and criminal charges against the alleged assailant being dropped during his trial has now led to a civil lawsuit in a Pennsylvania federal court against the Northern York County Regional Police Department and Heidelberg Township, not long after a separate suit surrounding the same events was brought in York County court.

Woman alleges Vincentian Collaborative System of Medical Professional Liability

By Pennsylvania Record |
In a recent lawsuit, Lisa A. Buccilli, executrix of the estate of Raymond D. Fischer, has filed a medical professional liability action against Vincentian Collaborative System d/b/a Vincentian Marian Manor. The case revolves around the defendant's alleged failure to prevent contamination of Legionella as found by an investigation conducted by the Pennsylvania Department of Health and Human Services.

West Homestead and its police department says injured bystanders' claims are not legally supported

By Nicholas Malfitano |
PITTSBURGH – West Homestead Borough, its police department and the department chief have countered claims from a pair of motorists who allegedly received serious and extensive injuries – when their vehicle collided with another car driven by a suspect being pursued by members of the West Homestead Police Department – by arguing that those same claims are not properly supported.

Plaintiff drops class action case against U.S. Steel that alleged it violated Pa. Minimum Wage Act

By Nicholas Malfitano |
PITTSBURGH – A class action complaint that alleged U.S. Steel violated the Pennsylvania Minimum Wage Act (PMWA) by not paying employees for the time they spent showering and walking to their worksites, among other pre- and post-work activities, has been voluntarily dismissed.

Complaint alleges cash advance app Klover levies illegally high interest rates on its users

By Nicholas Malfitano |
PITTSBURGH – An Illinois technology company has removed a class action lawsuit brought against it – alleging an app it created which provides its users with cash advances, also levies illegally-high interest rates for the convenience – to federal court, citing legal jurisdiction and diversity of citizenship between the parties.

Pitt dental resident says he was falsely accused of rape and later dismissed from program

By Nicholas Malfitano |
PITTSBURGH – A dental resident at the University of Pittsburgh claims that he was falsely accused of a rape by a fellow medical resident and as a result, later suspended and dismissed from the program altogether.

Judge rules harassment case from former majorette against Penn State University will proceed

By Nicholas Malfitano |
WILLIAMSPORT – A former majorette at Penn State University who claimed she was subject to unrelenting sexual and gender harassment from her coach during her four-year tenure in the school’s band – and that school officials did nothing to stop the coach’s behavior – will have her case proceed, overcoming a dismissal motion from the university.

Progressive Direct Insurance Company Accuses Avery Gee's Auto Repair of Negligence

By Pennsylvania Record |
In a recent court filing in Pennsylvania, Progressive Direct Insurance Company is suing Avery Gee's auto repair business for alleged negligence leading to property damage worth over $16k. The insurance company claims that due to Gee's negligence, a vehicle insured under them was involved in a collision resulting in significant damages.

Delco judge OKs consolidation for suits over fall injuries at Pa. Institute of Technology house

By Nicholas Malfitano |
MEDIA – A woman seriously injured in a fall at a home owned by the Pennsylvania Institute of Technology and who sued the institution for the injuries she received, has been granted consolidation of her original suit with more recent litigation brought over the same events.

Philadelphia points to U.S. government for liability of plaintiff's injuries incurred at Independence Hall

By Nicholas Malfitano |
PHILADELPHIA – The City of Philadelphia has countered a local woman’s claims that she suffered a variety of injuries due to a sidewalk fall which took place in front of Independence Hall, by redirecting cross-claim liability for the incident to the federal government.

Mars Chocolate receives partial summary judgment against claims of worker trapped in tank

By Nicholas Malfitano |
ALLENTOWN – A federal judge has partially granted and partially denied the Mars Chocolate company’s attempt to obtain summary judgment, in a lawsuit filed by a man tasked with cleaning a chocolate batching tank at its facility and who claimed he became trapped in the machinery for more than six hours.

16-year-old says he was refused residency at Pa. youth facilities due to his Type I diabetes

By Nicholas Malfitano |
PHILADELPHIA – A 16-year-old dependent minor alleges that several Montgomery County youth residential facilities have refused to admit him solely on the basis of his Type I diabetes diagnosis, which an accompanying lawsuit argues is disability discrimination and a violation of federal law.