Nicholas Malfitano News
Pittsburgh resident discounts liability for woman with dementia who died in her pool
PITTSBURGH – A Pittsburgh homeowner responds that she is not responsible for the death of a woman afflicted with dementia, who was dropped off by a taxi cab and wandered alone before later drowning in her swimming pool.
N.C. woman re-alleges that Norfolk Southern was at fault for her father’s death in collision
PITTSBURGH – A North Carolina woman stands by claims that the death of her father in a tractor-trailer/train collision was the fault of the Norfolk Southern rail company and others, who allegedly failed to take proper safety measures that would have prevented the crash.
Judge remands firearm businesses’ freedom of expression case against Facebook and Instagram to state court
PITTSBURGH – A federal judge has remanded an action brought by a pair of firearms businesses and their owners against Facebook and Instagram over the deletion of their accounts for expressing their political views in posts published on the social media apps, to the Westmoreland County Court of Common Pleas.
Pa. Supreme Court rolls back med-mal venue rules, allowing plaintiffs greater filing leeway
HARRISBURG – The Supreme Court of Pennsylvania’s Civil Procedural Rules Committee has green-lit standards allowing plaintiffs statewide greater leeway in where to file medical malpractice liability cases, a move cheered by personal injury attorneys and criticized by health care and business interests.
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.