Nicholas Malfitano May 27, 2016, 12:28pm


PHILADELPHIA – Counsel for a plaintiff severely injured in an alcohol-induced motor vehicle accident is exiting the litigation, due to an impasse between the two.

Christopher Maloney filed a motion to withdraw appearance on behalf of himself and his firm, Ross Feller Casey in Philadelphia, from representing Cotty J. Lukk in Essington. Maloney said the impasse was reached due to “irreconcilable differences," and it was no longer appropriate for him and his firm to represent Lukk. Maloney further sought a 90-day stay of all proceedings, in order for Lukk to secure new counsel.

A hearing in this matter was held this past Wednesday in Court chambers, at Philadelphia City Hall.

From the late evening of Nov. 14, 2013 to the early morning hours of Nov. 15, 2013, Lukk says he was a customer at Kildare’s Pub in West Chester. Lukk added while there, he was overserved alcoholic beverages, despite having difficulty walking and obvious impairments to his speech.

Despite being intoxicated at the time, Lukk left Kildare’s in his car. However, Lukk control of his vehicle and it left the roadway, striking a tree in the process. The collision caused Lukk to suffer a subarachnoid hemorrhage, spinal compression fractures, bilateral pulmonary contusions and right frontal lobe contusion fractures.

The accident also left Lukk paralyzed from the mid-chest down.

Lukk filed counts of both negligence and negligence per se versus all defendants, individually. The plaintiff is seeking damages, jointly and severally, in excess of $50,000 and in excess of prevailing arbitration limits, plus pre-judgment interest, post-judgment interest and costs.

The plaintiff is also seeking exemplary damages in the same amount from all defendants – due to the “known risk” of overserving patrons and the defendants using “willful, wanton and callous” disregard for Lukk’s safety.

The defendants are represented by John J. Snyder, Mary Ann Capriotti and Erin E. Lamb of Rawle & Henderson, Noah S. Shapiro and Theodore M. Schaer of Zarwin Baum DeVito Kaplan Schaer Toddy in Philadelphia, John F. Barrett and Kevin M. Blake of Bennett Bricklin & Saltzburg, in both Philadelphia and Blue Bell.

Philadelphia County Court of Common Pleas case 150300843

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

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