Nicholas Malfitano News
Plaintiff in midst of mental health episode says Philly cop shot him three times
PHILADELPHIA – A local man alleges he was the victim of excessive force from a member of the Philadelphia Police Department two years ago, when an officer shot him three times during his suffering of a mental health episode.
Man who alleged police officer assaulted him during George Floyd protest settles claims with Philadelphia
PHILADELPHIA – A man who alleged that a Philadelphia police officer committed a brutal assault against him during his participation in protests surrounding the Minneapolis killing of George Floyd last year, has settled his claims with the City of Philadelphia.
Judge: Flying Fairy toy manufacturer may be dismissed from suit, if service isn't effectuated
PITTSBURGH – A federal judge has decreed that the Chinese manufacturer of a Flying Fairy toy may be dismissed from a Blairsville couple’s lawsuit, one which claimed it was defectively designed and when launched, collided with one of the plaintiff’s eyes and caused extensive ocular injuries.
Rust-Oleum Corporation and Home Depot say they're not at fault for home fire and damages
PHILADELPHIA – The Rust-Oleum Corporation and Home Depot have denied responsibility for $400,000 in damages supposedly caused when a pair of Pennsylvania homeowners used a wood-staining product they purchased and incurred a significant fire at their residence.
Sinking Spring woman rejects Lancaster School of Cosmetology's attempt to deny liability in her case
LANCASTER – A Sinking Spring woman has reiterated that negligence on the part of the Lancaster School of Cosmetology and its owners resulted in her falling over an unguarded stairwell and suffering severe injuries to her face, ankle and shoulder.
Plaintiff who sued Philly authorities over alleged excessive force during opioid overdose wants to settle for $275K
PHILADELPHIA – A Massachusetts man is prepared to settle legal action against the City of Philadelphia and a contingent of first responders, which claimed they used excessive force in responding to his son’s opiate overdose and caused his death, for $275,000.
Woman sues Aldi after metal produce shelf falls onto her during shopping trip
PITTSBURGH – An Allegheny County woman has brought suit against discount grocery store chain Aldi, after she says a metal produce shelf fell on her when she was shopping inside the grocer’s West Mifflin store.
90-day stay issued in civil rights case connected to man's murder conviction
PHILADELPHIA – A federal judge has granted a 90-day stay in the civil rights violation case of a man who argues he was erroneously convicted of three murders, for which he served 28 years in prison.
Judge hands down second dismissal in federal suit over school bus sexual assault
PHILADELPHIA – For the second time, a federal judge has dismissed litigation from a woman who alleged that the school bus sexual assault she endured as a middle school student was the fault of her school, which was said to have disregarded the alleged assailant’s history of prior assaults and violated her constitutional rights in the process.
Man who accused Uber driver of trying to kill him settles claims with ride share company
PITTSBURGH – A Western Pennsylvania man who said he and his friends were nearly killed by their Uber driver when the driver ordered them all out of the vehicle, chased them and discharged a firearm very close to the plaintiff’s head, has settled his case.
Plaintiff in fatal ATV accident case wants more discovery on venue and jurisdiction
PITTSBURGH – The survivor of a fatal ATV accident in West Virginia is seeking further discovery to be conducted on the topics of venue and jurisdiction, in her lawsuit against the companies who provided the decedent and her boyfriend with the vehicles and rental equipment.
Lancaster School of Cosmetology says it was not negligent in case over woman's fall
LANCASTER – The Lancaster School of Cosmetology claims it is not responsible for alleged negligence, which led a Sinking Spring woman to fall over an unguarded stairwell on its premises and injure her face, ankle and shoulder.
Judge hands down split ruling on objections in train collision lawsuit
PITTSBURGH – A state court judge has partially sustained and partially overruled preliminary objections in a lawsuit brought by a North Carolina woman, who alleged 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.
UPMC nurse alleges series of injuries from cabinet which fell onto her at work
PITTSBURGH – A University of Pittsburgh Medical Center nurse says she suffered a variety of injuries at work when an entire wall cabinet and its contents fell on her, and holds the contractors responsible for repairing it accountable.
Estate of man allegedly killed by landfill gate settles wrongful death suit under seal
PITTSBURGH – The estate of a young man killed when an allegedly faulty gate at a landfill dropped onto his car has settled its survival and wrongful death lawsuit against the owners and operators of the facility, under seal.
Woman who fell on snow inside Rite Aid refutes company's discounting of liability
PITTSBURGH – A Western Pennsylvania woman who lodged a negligence lawsuit against her local Rite Aid, after falling on uncleaned salt and snow in the wake of a snowstorm which hit her area this past January and breaking her right ankle in the process, has rejected the company’s attempts to discount its liability.
Suit against Wendy's over bout of food poisoning from E.coli is discontinued
PITTSBURGH – A local woman who sued hamburger chain Wendy’s for negligence after coming down with a case of E. coli food poisoning from a sandwich she ate there last summer, has voluntarily withdrawn her case.
Black female police officer who alleged discrimination seeks default judgment
PHILADELPHIA – A Philadelphia police officer who alleged that as an African-American female, she was subjected to discriminatory treatment by her superiors through her being reassigned on two occasions and the removal of her service weapon for more than four years, is now seeking a default judgment in her favor.
Negligence suit says Airbnb, other entities failed to prevent fatal shooting at rental home
PITTSBURGH – The parent of a 17-year-old party guest shot and killed at a party which took place at an Airbnb rental home in Pittsburgh has sued the company and other entities she believes are responsible for her child’s death.
Pa. Supreme Court: Only concealment of cause can toll statute of limitations in wrongful death suits
HARRISBURG – The Supreme Court of Pennsylvania has ruled that the Medical Care Availability and Reduction of Error (MCARE) Act’s two-year statute of limitations for survival and wrongful death litigation against health care companies is now tougher to circumvent.