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PENNSYLVANIA RECORD

Thursday, October 3, 2024

Nicholas Malfitano News


African-American culture center curator says defective staircase fall caused serious injuries

By Nicholas Malfitano |
PITTSBURGH – A Pittsburgh-area museum’s curator claims she suffered severe injuries in a fall on the center’s grounds, due to an alleged defectively-constructed staircase which also lacked a handrail.

McDonald's looking for bifurcated trial, for plaintiff who alleged supervisor sexually harassed her during job interview

By Nicholas Malfitano |
PHILADELPHIA – A McDonald’s operating company is seeking that an upcoming trial surrounding a then-teenager who alleged that one of its managers showed her sexually graphic photos on his phone during her job interview, be divided in two.

Objections in play for proposed settlement over ADA non-compliant sidewalks in Philadelphia

By Nicholas Malfitano |
PHILADELPHIA – Five individuals have objected to a proposed settlement between a group of plaintiffs and the City of Philadelphia – over claims the City failed to maintain its sidewalks to provide proper access to disabled citizens in violation of the Americans with Disabilities Act of 1990 – arguing that the potential settlement does not conform to federal law.

Floridians injured in Pa. accident say lawyers failed to file before statute of limitations expired

By Nicholas Malfitano |
PITTSBURGH – A Florida couple injured in a 2017 motorcycle accident which took place in Pennsylvania, alleges that the attorneys they hired to represent them in subsequent litigation instead let the statute of limitations lapse, thus denying them an opportunity to seek damages for the injuries they say they incurred.

U.S. Steel reduces class action pertaining to refinery pollution to nothing more than 'private nuisance'

By Nicholas Malfitano |
PITTSBURGH – U.S. Steel has deemed class action litigation from a Western Pennsylvania homeowner, which alleged its refinery plant in Braddock has generated pollutant byproducts which have affected the quality of life of area residents, as “at most, a claim for private nuisance.”

Man whose mother broke her hip in restaurant fall and later died, wants defendant's objections dismissed

By Nicholas Malfitano |
PITTSBURGH – A man whose mother had an injurious fall at a local Italian restaurant more than two years ago, which led her to suffer a broken hip and eventually die, contends the establishment’s preliminary objections denying responsibility for the incident should be overruled.

Canonsburg plaintiffs maintain injury claims over fall on icy riverfront trail in Pittsburgh

By Nicholas Malfitano |
PITTSBURGH – A Canonsburg man who fell on ice during a walk on the Three Rivers Heritage Trail one year ago has refuted the denials of liability and cross-claims issued by both the Friends of the Riverfront Group and the City of Pittsburgh.

Case surrounding fatal ATV accident in West Virginia given green-light for more discovery on venue and jurisdiction

By Nicholas Malfitano |
PITTSBURGH – A federal judge has opened the door to further discovery on the topics of venue and jurisdiction, in a wrongful death lawsuit filed by the survivor of a fatal ATV accident in West Virginia.

Machine operator settles racial discrimination claims against hat factory

By Nicholas Malfitano |
ALLENTOWN – A longtime machine operator and materials handler has settled several claims of racial discrimination and harassment lodged against his employer, an Adamstown hat factory.

Cab drivers sue Philadelphia over new pick-up rules at Philly International Airport

By Nicholas Malfitano |
PHILADELPHIA – The vice-president of a nonprofit corporation representing local taxi cab drivers has filed suit against the City of Philadelphia, charging that its decision to modify where its drivers are positioned outside terminals at Philadelphia International Airport, will cause irreparable damage to its drivers’ business.

Aldi says metal produce shelf which allegedly fell on shopper was not its responsibility

By Nicholas Malfitano |
PITTSBURGH – Discount grocery store chain Aldi has denied that it was at fault for a metal produce shelf which fell on a plaintiff customer, while she was shopping inside its West Mifflin store.

Plaintiff whose daughter was allegedly mistreated by softball coach wants school district's dismissal motion thrown out

By Nicholas Malfitano |
SCRANTON – A Hanover Township man maintains claims that his daughter was mistreated and neglected by her softball coach, leading her to eventually suffer a severe brain injury when a batted ball hit her in the back of the head, and argues the defendant school district’s motion to dismiss must be denied.

Suit: Philly police manufactured drug charges against plaintiff, which were later dismissed

By Nicholas Malfitano |
PHILADELPHIA – A local man alleges that officers from the Philadelphia Police Department falsified grounds on which to arrest him for narcotics violations, material which was later proven false and led to him being exonerated in a court of law.

Pa. Supreme Court to consider contractual interference claim of former Drexel University accountant

By Nicholas Malfitano |
HARRISBURG – The Supreme Court of Pennsylvania is set to decide whether a venerable tort law is applicable in the case of an at-will employee’s allegations that her supervisor at Drexel University acted against her out of personal bias and dislike.

Wrongful death suit filed after 18-month-old toddler was allegedly murdered in foster care

By Nicholas Malfitano |
MEDIA – The father of an 18 month-old toddler murdered two years ago while in foster care has filed a wrongful death lawsuit against the foster care property’s owners, Delaware County and other entities, whose negligence he says directly led to his young daughter’s death.

Fired LGBTQ teacher appeals case against School District of Philadelphia to Third Circuit

By Nicholas Malfitano |
PHILADELPHIA – A former teacher and member of the LGBTQ community, who claimed she faced discrimination and retaliation by the School District of Philadelphia before being fired and lost her case through summary judgment dismissal, has appealed that decision to the U.S. Court of Appeals for the Third Circuit.

Pilot holds to claims resulting from crash which destroyed his plane and left him blind in one eye

By Nicholas Malfitano |
PITTSBURGH – A severely injured pilot has reiterated claims against a trio of entities he says are responsible for the crash and destruction of his airplane, along with the litany of injuries he suffered in the crash, including blindness in one eye.

Lancaster nail salon says manicure customer caused her own injuries

By Nicholas Malfitano |
LANCASTER – A Lancaster nail salon has denied responsibility for hand injuries suffered by a customer who went there for a manicure last year, and instead suggested that the plaintiff caused her own injuries.

Federal judge set to decide venue in wrongful death lawsuit connected to newborn lounger

By Nicholas Malfitano |
PHILADELPHIA – Wrongful death litigation brought by the parents of an infant who died from suffocation, allegedly after being placed in the Boppy Original Newborn Lounger device, will either be remanded to state court or remain in federal court, depending on the forthcoming decision of a presiding federal judge.

Magistrate judge recommends denying dismissal to Catholic diocese over gay teacher's wrongful termination suit

By Nicholas Malfitano |
PITTSBURGH – A federal magistrate judge has recommended that a Pennsylvania federal court not approve the Diocese of Greensburg’s attempt to dismiss litigation from a sixth-grade teacher allegedly fired from Aquinas Academy, once his employer learned of his same-sex marriage.