Nicholas Malfitano News
For second time, Econo Lodge denies liability for guest's bed bug-related injuries
MEDIA – A Delaware County-based Econo Lodge Hotel has now twice denied responsibility for alleged bed bug-related injuries that a Philadelphia man says he suffered during a stay at the hotel more than two years ago.
Plaintiff who claimed Hershey chocolates were contaminated with metals drops her suit
PHILADELPHIA – A local woman who filed class action litigation against chocolate manufacturer and retailer Hershey and charged that its products contain heavy metal contaminants such as cadmium and lead, has dismissed her own case.
More than one year since filing of suit over ladder fall, plaintiffs still trying to serve defendant
PITTSBURGH – Thirteen months after their complaint was filed, a Western Pennsylvania couple who sued Amazon and the manufacturer of a ladder they claim was defective, after the wife-plaintiff fell from the ladder while conducting an insurance estimate at a home in Erie, continue to attempt to complete service of the suit upon one of the defendants.
Delaware man sues Texas Roadhouse, after allegedly suffering food poisoning
LANCASTER – A Delaware man alleges he suffered a case of food poisoning after dining at a Lancaster franchise location of Texas Roadhouse last summer, and is seeking legal damages as a result.
Lancaster and its police department again try to dismiss civil rights violations, in Maryland woman's suit
ALLENTOWN – The City of Lancaster, the Lancaster Police Department and one of its police officers have now twice attempted to dismiss litigation from a Maryland woman, who claimed she was the victim of excessive force from Lancaster police officers and suffered a broken arm in the process, when the police came to her residence and forcibly evicted her.
Woman suing UPMC for father's alleged wrongful death seeks discovery material from hospital
PITTSBURGH – A Western Pennsylvania woman who claimed that the University of Pittsburgh Medical Center at McKeesport was negligent in its care of her late father, after he suffered a pair of heart attacks which ultimately claimed his life, now adds that the hospital system has not responded to her discovery requests.
Judge grants stay in activist's litigation against City of Pottsville over burning ordinance
SCRANTON – A federal judge has authorized a stay in litigation over the City of Pottsville’s open-burning ordinance with respect to burning flags as a method of political protest, pitting a political activist who says he was wrongfully arrested for engaging in such activity against the City.
Allegheny County court hearing officer says superiors didn't accommodate her anxiety disorder
PITTSBURGH – An Allegheny County court system hearing officer alleges that after disclosing her anxiety disorder to her superiors, she was not accommodated for that condition in violation of state law.
Third-party defendants seek dismissal from suit over $2M COVID-19 test sale conflict
PHILADELPHIA – In litigation where defendants were accused of not providing more than 151,000 COVID-19 test kits or a refund to a retailer who paid it nearly $2 million, third-party defendants named in a later version of the complaint now seek to be dismissed from it.
Third Circuit agrees that a lack of 'imminent danger' dooms food workers' suit over COVID-19 conditions
PHILADELPHIA – In a matter of first impression, the U.S. Court of Appeals for the Third Circuit has unanimously upheld a lower court dismissal of a lawsuit from workers at a meat processing plant against both the Department of Labor and Occupational Safety and Health Administration – litigation which alleged the agencies refused to enforce COVID-19 pandemic protocols in spite of receiving complaints about the workplace situation, due to OSHA finding no “imminent danger” present.
Family of inmate about to be released after 45 years only to die of COVID-19 sues state officials
PHILADELPHIA – The family of a man who died from COVID-19 shortly before he was to be released from prison after more than four decades is charging state officials with not approving the decedent’s pardon in a timely manner, allegedly leaving him at greater risk for contracting the virus and causing his death.
Sleeping device manufacturer wants plaintiff counsel sanctioned and testimony stricken
JOHNSTOWN – Counsel for an Altoona couple who claimed that a device created to assist babies in sleeping instead caused the death of their three-month-old son from Sudden Infant Death Syndrome due to the product’s inherent defects, have filed motions both for sanctions related to improper conduct for expert witness depositions and the striking of those depositions’ contents.
Corrections defendants want to dismiss suit over wrongful death of pre-trial detainee
PHILADELPHIA – A trio of corrections defendants are attempting to dismiss litigation from the parents of a pre-trial detainee who was assaulted and killed by individuals he was incarcerated with more than two years ago.
Delco judge overrules objections of Crozer Health defendants, in funeral home cremation suit
MEDIA – A Delaware County judge has overruled preliminary objections from Crozer Health defendants, who are charged with negligence and tortious interference with a corpse and invasion of privacy after the plaintiff’s mother was embalmed and cremated, despite her express wishes.
Allegheny County judge issues split objections ruling in suit over fall at Italian restaurant
PITTSBURGH – A state court judge has partially sustained preliminary objections in litigation from a man whose mother had an injurious fall at a local Italian restaurant over two years ago, which led her to suffer a broken hip and eventually die.
Superior Court upholds $6.6M med-mal judgment in Lehigh County wrongful death lawsuit
HARRISBURG – The Superior Court of Pennsylvania has upheld a Lehigh County trial court’s decision in favor of a medical malpractice plaintiff who alleged a St. Luke’s cardiologist provided inadequate care to her late husband who died from cardiac arrest at age 48, a judgment in excess of $6.6 million.
Estate of man at center of 2021 double murder-suicide sued for survival and wrongful death
PITTSBURGH – Family members of the victims of a double homicide committed by the victims’ son a year and a half ago have filed a wrongful death lawsuit against the killer’s estate.
Midas refutes allegations that on-duty manager left profane note for female customer
PITTSBURGH – An Allegheny County woman who alleged she was given a profane note by the manager on duty and discriminated against on the basis of her sex when she brought her vehicle in for its regular inspection to a local Midas auto shop, has maintained her claims in the face of the defendants’ denials.
Contractor denies liability for cabinet which fell on UPMC Shadyside nurse
PITTSBURGH – A contractor contends it is not responsible for injuries suffered by a University of Pittsburgh Medical Center nurse, when an entire wall cabinet and its contents allegedly fell on her while she was at work.
Real estate co-defendants deny responsibility for injuries sustained during open house
PITTSBURGH – A real estate company and another co-defendant have denied liability in litigation filed by a man who sustained a series of injuries following a fall which took place during a real estate open house, and who then brought suit against individuals and entities he feels are both negligent and responsible for his injuries.