Nicholas Malfitano News
Philly jury hands down $182.7M med-mal verdict against UPenn Hospital, largest in Pa. history
PHILADELPHIA – A Philadelphia jury has handed down the largest medical malpractice verdict in the history of Pennsylvania, in the form of a $182.7 million judgment to a five year-old boy born with cerebral palsy and his mother, against the Hospital of the University of Pennsylvania.
Bottling plant disclaims responsibility for operator's burn injuries from chemical exposure
PITTSBURGH – Counsel for a Pennsylvania bottling plant has denied liability for severe burn injuries sustained by one of its batching operators, who claimed that a hose attached to clean-in-place unit separated from its apparatus and sprayed a mixture of harmful chemicals on her body.
Elementary school professional claims she was wrongfully accused of grabbing student
SCRANTON – A paraprofessional at a local elementary school who assisted autistic children alleges that she was wrongly found to have inappropriate physical contact with a student, and put on a restrictive safety plan as a result.
North Braddock cemetery rejects allegations it conducted an improper burial
PITTSBURGH – A North Braddock cemetery holds that it conducted a proper burial for a plaintiff’s deceased wife, and did not fail to alleviate the plaintiff’s subsequent concerns and/or requests for correction in that regard.
Kohl's denies committing negligence, in case of woman who fell in Monroeville store
PITTSBURGH – A Kohl’s department store in Monroeville disavows all allegations of negligence leveled against it by an Allegheny County couple, who said the store failed to prevent the circumstances leading to the wife-plaintiff’s fall.
Delco volunteer who allegedly ingested toxic product through church's negligence, seeks default judgment
MEDIA – A Delaware County church volunteer who alleged she ingested a negligently placed and toxic cleaning supply product, located on the same table as refreshments offered to the public when she worked at an event to provide COVID-19 vaccinations two years ago, may receive a default judgment.
Corrections entities get partial dismissal of counts in suit connected to death of pre-trial detainee
PHILADELPHIA – A trio of corrections defendants have won partial dismissal of counts from litigation brought by the parents of a pre-trial detainee, who was assaulted and killed by individuals he was incarcerated with more than two years ago.
Pastor sues Reading after demonstration outside high school leads to arrest
ALLENTOWN – A non-denominational Christian pastor has sued two Reading police officers, the Reading School District and the City of Reading, after he claims his constitutional rights were violated due to his being arrested from a demonstration held just outside Reading Senior High School this past January.
Plaintiff who suffered fractured vertebrae says apartment building owner's objections are groundless
PITTSBURGH – A Pittsburgh man maintains that due to his apartment building owner’s negligence, he suffered a fall on an icy sidewalk and fractured one of his lumbar vertebrae – standing in opposition to the owner’s preliminary objections, which he says have no basis in law.
SEPTA says conductor's estate hasn't tied transit agency to his fatal case of COVID-19
PHILADELPHIA – The Southeastern Pennsylvania Transportation Authority (SEPTA) has denied liability for the death of one of its former conductors from COVID-19, charging his estate has failed to properly plead such a claim.
Defense counsel seeking dismissal of sex abuse class action against The Summit Academy
PHILADELPHIA – Counsel for The Summit Academy say a class action, sexual abuse lawsuit brought by seven of its former residents should be dismissed in its entirety, by arguing the action fails to state claims upon which relief could be granted and is not contained in the proper venue, among other objections.
State Supreme Court: Fulton County, counsel sanctioned for disobeying its order in voting machine lawsuit
HARRISBURG – The Supreme Court of Pennsylvania has decided to sanction Fulton County and its counsel for engaging in what it referred to as “bad faith conduct” and disobeying a court order, in a legal dispute over the county granting access to its voting machines for an audit after the 2020 Presidential Election.
La. woman says sleep apnea device killed her husband, and learned afterwards it was recalled
PITTSBURGH – A Louisiana woman alleges that her late husband died as a result of a device the defendants manufactured and sold to treat sleep apnea, without being informed until after his passing that the device in question had been subject to a widespread recall.
Pa. inspection company redirects liability for fatal 2021 house fire, which killed plaintiff's daughter
PITTSBURGH – A Pennsylvania-based inspection company claims it is not liable for a house fire which took place in the fall of 2021 and resulted in the death of the plaintiff’s daughter from smoke inhalation.
One year passes before McDonald's answers employee's sexual harassment suit
PITTSBURGH – After more than one year, McDonald’s has answered a sexual harassment suit from one of its employees, who alleged she was repeatedly subjected to sexual harassment from her manager for months before being mandated to perform work duties in violation of a doctor’s order – which she claimed led to both her miscarriage and professional retaliation exacted upon her.
Defendant in alleged fracking property damage suit seeks judgment on the pleadings
PITTSBURGH – One defendant is seeking judgment on the pleadings in litigation brought by a Western Pennsylvania man who allegedly suffered a number of health complications and diminished value of his property, after nearby fracking operations were conducted.
Man redirects liability to co-defendants in case of man who fell through job site's floor
PITTSBURGH – A defendant named in litigation brought by an Elizabeth man who fell through a floor opening and landed on a stack of drywall and a concrete floor, has denied liability for the incident and redirected liability to all of his remaining co-defendants.
Man who alleged wrongful arrest for narcotics violations has settled his case
PHILADELPHIA – A local man who alleged 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, has settled his claims.
Philly landlord holds Airbnb responsible for damage that squatters did to his property
PHILADELPHIA – A South Philly landlord alleges that a man who rented out his residence through an Airbnb listing became a squatter and pseudo-landlord himself and did tremendous damage to the property for three months in 2020, and is now suing the company to recoup those costs.
Northeast Philly church settles breach of contract suit against insurance carrier
PHILADELPHIA – A Northeast Philadelphia church’s lawsuit who contended that its insurance carrier committed breach of contract by failing to cover its losses of water damage sustained when a drain line failed, has settled its case.