Nicholas Malfitano News
Penn State student blames window after falling through it during hallway race
PITTSBURGH – A Penn State University student who suffered a series of full-body injuries, including a lacerated spleen, after falling out of his residence’s window during a hallway race with his friends, has sued the property’s managers for negligence, arguing they didn’t test the window’s strength and safety.
Judge OKs plaintiff's expert witness testimony in Montgomery County corrections facility death case
PHILADELPHIA – A federal judge has green-lit expert witness testimony from a physician to testify about the standard of care that was owed to a now-deceased woman during her time at the Montgomery County Correctional Facility.
Lancaster woman sticks by claims that husband's death resulted from debridement procedure
LANCASTER – A Lancaster woman has reiterated claims that her late husband’s death was caused by a debridement procedure he received on his throat, despite an adverse medical history of cardiovascular problems and use of anticoagulation medicine.
Kellogg's redirects liability for trucking employee's injuries to Ryder, instead
ALLENTOWN – The Kellogg Company has filed a third-party complaint against Ryder in connection with liability for injuries allegedly suffered by a Lancaster woman – when pallets loaded with goods fell out of a tractor-trailer and struck her body.
UPMC McKeesport looking to strike multiple allegations from woman's wrongful death litigation
PITTSBURGH – The University of Pittsburgh Medical Center at McKeesport is looking to strike multiple allegations from a Western Pennsylvania woman’s case, who claimed the hospital was negligent in its care of her late father, after he suffered a pair of heart attacks which ultimately claimed his life.
Philadelphia pays $15K to settle claims of unreasonable search of 11-year-old
PHILADELPHIA – The parent of a child who claimed he was subjected to an unreasonable search by two Philadelphia Police Department officers two years ago has accepted a $15,000 offer to settle the case.
Reading Recreation Commission Director dismissed from suit over former employee's molestation of minor
ALLENTOWN – A federal judge has approved the dismissal of a defendant from a lawsuit against the Reading Recreation Commission claiming that it failed to stop abuse of a man’s young daughter by a now-incarcerated ex-employee.
Plaintiff who lost wife during anniversary trip opposes vacation company's objections to his suit
PITTSBURGH – A Pittsburgh man opposes a Delaware County vacation-planning company’s preliminary objections to his wrongful death lawsuit surrounding the drowning death of his wife, during a vacation the two had taken to St. Martin to celebrate their 35th wedding anniversary.
Fitness nonprofit denies continues to deny claims of defamation and slander from its ex-accountant
MEDIA – A fitness nonprofit group for kids and a for-profit company have bolstered their denial of allegations of defamation and slander lodged by one of their former accountants, who claimed that she was publicly and falsely accused of stealing money from the company and committing payroll fraud.
Fatal ATV accident in West Virginia leads to wrongful death lawsuit
PITTSBURGH – A fatal ATV accident in West Virginia has led to a survival and wrongful death lawsuit being brought against the companies who provided the decedent and her boyfriend with the vehicles and rental equipment.
Federal judge throws out dismissal attempt of $84K contract breach suit from U. of Pitt
PITTSBURGH – A federal judge has denied a Connecticut research organization’s attempt to dismiss breach of contract claims brought against it by the University of Pittsburgh, which were made seeking the return of funds exceeding $84,000.
Man seriously injured in tractor ride-gone-wrong sues manufacturer and Lowe's
PITTSBURGH – A local man has sued the manufacturer and retailer of a tractor he purchased, one he said featured a non-working brake pedal which caused him to crash the tractor and become seriously injured.
Northumberland County and corrections defendants seek more specificity in jail suicide civil case
WILLIAMSPORT – Northumberland County and its corrections co-defendants have responded to a complaint alleging that staffing at the county jail was inadequate and ineffective, leading the plaintiff’s daughter to commit suicide when she found herself incarcerated at the facility on drug charges, as vague and not specific.
Janitor who sued former employer over discrimination has $300K settlement offer in play
PHILADELPHIA – A local man who claimed that he was racially targeted at his place of business during his janitorial shifts and that his employer did nothing to remedy the series of events despite his making multiple reports of said discriminatory behavior, has the defense considering acceptance of a $300,000 settlement offer.
Sixth-grade teacher allegedly fired from Catholic school for being gay fights to keep lawsuit going
PITTSBURGH – A sixth-grade teacher allegedly fired from Aquinas Academy once his employer learned of his same-sex marriage rejected the Diocese of Greensburg’s attempt to dismiss his case via its perceived exemption from anti-discrimination laws.
Pa. & Phila. Bar Associations issue new guidance on handling of client legal fees
PHILADELPHIA – Both the Pennsylvania Bar Association and Philadelphia Bar Association recently released a concurring ethics opinion discussing how attorneys and their new clients should approach the concept of legal fees.
Man paralyzed in swimming pool says he pled proper claims against 'negligent' party hosts
PITTSBURGH – A man who suffered a severe spinal cord injury at a house party where alcohol was consumed has countered the party hosts’ preliminary objections, and argues that both his theories of negligence are well-pled and the hosts’ over-serving him with alcohol directly led to his tragic injuries.
Park City Mall shooting bystanders injured in the ensuing panic hold true to claims
LANCASTER – A pair of shoppers at the Park City Mall who survived a shooting incident last October, but who were also trampled in the panic which ensued when the gun discharged inside the mall, have reiterated their claims against the mall and its security company.
Parents alleging private school failed to address bullying lose some claims from suit
PITTSBURGH – The parents of a Pittsburgh-area high school student have lost claims for punitive damages, attorney’s fees and a violation of the Pennsylvania Human Relations Act in a lawsuit alleging their son was discriminated against for his race and ethnicity
Political activist continues filing flag-burning civil rights lawsuits, this time against Pottsville
SCRANTON – An activist who recently dismissed his constitutional challenge of the City of Williamsport’s open-burning ordinance with respect to burning flags as a method of political protest and brought a similar case against the City of Scranton, is now litigating with Pottsville over the same issues.