Nicholas Malfitano News

Judge rejects ALI's controversial Restatement of the Law of Liability Insurance theory

By Nicholas Malfitano | Oct 15, 2018

TOPEKA, Kansas – A recent decision reached in a federal court pertaining to breach of contract and bad faith claims in a fatal auto accident case rejects a theory from the American Law Institute’s Restatement of the Law of Liability Insurance, and its recommendations for insurer liability for defense counsel conduct as “premature.”

Penndel man sues the maker of his couch for apartment fire; Landlord blames the man's cigarette

By Nicholas Malfitano | Oct 12, 2018

PHILADELPHIA – A Bucks County man is suing the manufacturers of his upholstery, claiming its defective design and lack of fire-retardant barriers led to him suffering burns on one-third of his body in an apartment fire nearly three years ago.

Woman says she fell getting into disabled persons vehicle, lost her toes as a result

By Nicholas Malfitano | Oct 12, 2018

PHILADELPHIA – New litigation filed in state court centers on a Philadelphia woman who violently fell when entering a disabled persons transport vehicle, was injured and subsequently had to have more than one of her toes amputated.

Machine maker wants lawsuit over leg caught in winding machine moved to Lancaster Co.

By Nicholas Malfitano | Oct 12, 2018

PHILADELPHIA – A man whose leg allegedly was struck by and ripped into the rotating blades of a package winding machine on the job has sued the device’s manufacturer for legal damages related to those injuries.

Bucks County litigants claim law firm mishandled million-dollar estate, committed malpractice

By Nicholas Malfitano | Oct 11, 2018

PHILADELPHIA – A Bucks County couple claim the estate distribution process of the husband's deceased brother was performed incorrectly by the attorney they retained, leading to a number of financial losses.

Plaintiff says City of Philadelphia's lack of timely repairs to pothole caused her injuries

By Nicholas Malfitano | Oct 11, 2018

PHILADELPHIA – A couple are pursuing legal damages against the City of Philadelphia for its alleged negligence in not timely repairing a pothole on 2nd Street, one that is said to have caused serious injuries to the wife.

Supermarket's mechanized dock plate injures plaintiff, suit alleges

By Nicholas Malfitano | Oct 11, 2018

PHILADELPHIA – A man allegedly injured by a motorized and mechanized dock plate at a Giant grocery store has, along with his spouse, launched litigation against the supermarket chain for negligence-related injuries.

Wrongful death case against ambulance company heads toward trial

By Nicholas Malfitano | Oct 10, 2018

PHILADELPHIA – The case of a Philadelphia woman who claims an ambulance company’s personnel responsible for attending to her father in a medical emergency caused him fatal injury has been slated for a settlement conference this winter, prior to the case heads to trial next spring.

Philly forklift operator who suffered crushed and amputated left leg sues for damages

By Nicholas Malfitano | Oct 10, 2018

PHILADELPHIA – A forklift operator whose leg was crushed at the warehouse where he worked and later required amputation, has sued a number of commercial defendants for legal damages associated with that injury.

Fired gun range employees say they breathed in lead because of poor ventilation

By Nicholas Malfitano | Oct 10, 2018

PHILADELPHIA – Former employees of a Philadelphia-based shooting range allege they were fired after filing worker’s compensation injury requests for supposedly suffering respiratory-related injuries, while the range owner says their claims should be barred from state court under the Worker’s Compensation Act.

Woman's estate files wrongful death lawsuit in fatal 2016 N.J. airplane crash

By Nicholas Malfitano | Oct 9, 2018

PHILADELPHIA – The estate of a woman killed in an airplane crash at a Southern New Jersey airport two years ago is pursuing damages against several parties connected to the accident in a wrongful death lawsuit.

Lawsuit: Environmental remediation company's botches on West Chester historic home led to more than $120K in repairs

By Nicholas Malfitano | Oct 9, 2018

PHILADELPHIA – A trio of plaintiffs claim that an environmental remediation firm botched the lead paint removal of a West Chester home dating back to the 18th century, and have led them to spend more than $120,000 repairing the company’s mistakes.

Essure cases come back to Philadelphia court; 16 plaintiffs seek damages from Bayer

By Nicholas Malfitano | Oct 9, 2018

PHILADELPHIA – Per a recent judicial order from a federal court, 16 personal injury cases filed against Bayer Pharmaceuticals from women who used its Essure birth control device are now back in the Philadelphia County Court of Common Pleas.

Dispute continues over the disclosure of medical records to law firm in pre-complaint discovery

By Nicholas Malfitano | Oct 5, 2018

PHILADELPHIA – A company seeking to protect medical records from disclosure to pre-complaint discovery from a local law firm has earned a split decision on a judicial order, where any records concerning the plaintiffs themselves will be provided and the remainder which are not will remain shielded.

Sidewalk shelters and scaffolding at the center of lawsuit between adjacent property owners in Philly

By Nicholas Malfitano | Oct 5, 2018

PHILADELPHIA – Adjacent property owners in Center City, Philadelphia are in legal conflict over the existence and placement of scaffolding and sidewalk shelters, with each side opposed as to the structures’ legality or lack thereof.

Philadelphia organic restaurant says scaffolding on neighboring property damaged roof

By Nicholas Malfitano | Oct 5, 2018

PHILADELPHIA – A case management conference has been slated in a lawsuit that alleges a construction company’s negligence caused damage to be sustained to the roof of the adjacent building, an all-organic restaurant.

Johnson & Johnson exec sues over infamous Southwest flight; He'd sent a goodbye text to his children during catastrophe

By Nicholas Malfitano | Oct 4, 2018

PHILADELPHIA – A fellow passenger on board the infamous Southwest Airlines flight last spring during which one passenger was partially sucked out of the plane and later died, is seeking damages from the airline and the airplane’s manufacturers.

Woman sues Family Dollar, alleges soda bottle was dropped on her foot, breaking it

By Nicholas Malfitano | Oct 4, 2018

PHILADELPHIA – The case of a Williamsport couple who charged Family Dollar with negligence and failing to properly hire and supervise its employees for dropping a large soda bottle on one of the plaintiff’s feet and broke it, will be heard in a Philadelphia courtroom next year.

Former machine operator and trackman says CSX Transportation's unsafe work environment led to his spinal injuries

By Nicholas Malfitano | Oct 4, 2018

PHILADELPHIA – A former machine operator and trackman for CSX Transportation has initiated legal action against his ex-employer, claiming it violated the Federal Employers Liability Act (FELA) by not providing him with a safe work environment.

Case of boy's broken ankle at 'Boo At The Zoo' going to trial next summer

By Nicholas Malfitano | Oct 3, 2018

PHILADELPHIA – The case of a Philadelphia couple whose son was allegedly injured on playground equipment at the Philadelphia Zoo will proceed to trial next summer, according to an order from a state court judge.

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