Nicholas Malfitano News
Towing company wants civil rights lawsuit thrown out
PITTSBURGH – A local man alleges his vehicle was impounded by Pittsburgh authorities and a towing company without allowing him a hearing before an impartial officer on the matter, thereby violating his due process rights under the U.S. Constitution, while the company has motioned for the suit to be dismissed.
Man who sued circular saw manufacturer and Home Depot for amputation injuries, drops case
PHILADELPHIA – A Delaware County man who sued a Japanese corporation and Home Depot for laceration and amputation injuries he alleges he suffered when operating a circular saw, has voluntarily dismissed his claims.
N.J. man says Pa. athletic commission authorities sabotaged his pro boxing event
HARRISBURG – A New Jersey man has launched legal action against the Pennsylvania State Athletic Commission and its personnel, alleging they conspired against him to prevent him from holding a professional boxing card in Harrisburg.
Seafood restaurant says it's not at fault for injuries woman suffered on sidewalk outside
MEDIA – A Lansdowne seafood restaurant has denied liability for injuries suffered by a Philadelphia woman, who had fallen on the sidewalk outside its premises nearly two years ago.
Man says candle he had lit suddenly exploded and caused him severe burns
PHILADELPHIA – A Philadelphia man claims that a candle he had lit more than two years ago caught fire and ignited in an explosive fashion, causing him to suffer severe burns to his fingers, hands and arms, events which the candle’s manufacturer and retailer take issue with.
Chester charter school gets civil rights claims dropped from case over kindergartener's sexual assaults
PHILADELPHIA – A charter school in Chester has won dismissal with prejudice of civil rights claims in a lawsuit that alleges it failed to prevent the repeated sexual assaults of one of its kindergarten students by their classmate.
Parties facing defamation, slander claims say truth of embezzlement is their absolute defense
MEDIA – Individuals accused of defamation and slander by a local law firm and one of its partners contend their account of that same partner’s alleged financial wrongdoing is factual, and therefore not actionable in a court of law.
Defendants argue child's parents weren't supervising him, leading to injuries outside Holiday Inn
PITTSBURGH – Two defendants named in a Michigan family’s lawsuit alleging that an improperly placed duck crossing sign outside a Pittsburgh-area Holiday Inn hotel was the cause of injuries they sustained, have denied such liability and issued cross-claims and counterclaims against the plaintiffs.
Plaintiff pinned against BP gasoline pump didn't join necessary parties, defense argues
PITTSBURGH – One defendant named in a federal court lawsuit for injuries that a Pittsburgh man suffered, when he was pinned against a gasoline pump at one of its stations by one car involved in a nearby automobile accident, insists the suit should be dismissed, due to the plaintiff’s failure to join necessary parties to the case.
Lawsuit says cataract surgery went wrong, killing patient
MEDIA – The widow of a Clifton Heights man says her late husband died during a cataract removal surgery, because the attending physician and anesthesiologist ignored his extensive history of diagnosed medical issues and administered too much anesthesia to him, eventually leading to his death.
Philly man says he became seriously ill after eating meal at Delaware County diner
MEDIA – A Philadelphia man alleges a meal he ate at a Delaware County diner two years ago caused him to become ill with food poisoning and other gastrointestinal ailments, and has filed suit against the diner.
Suit: Man thrown from bike after hitting barricade suffered traumatic brain injury
JOHNSTOWN – A Western Pennsylvania man says he suffered severe head injuries when the bicycle he was riding collided with a plastic barricade placed outside Richland High School and caused him to be thrown from the bike.
Pa. State Police barracks visitor says she fell on building's front steps
WILLIAMSPORT – A Lycoming County woman alleges that while visiting a Pennsylvania State Police barracks, she encountered a defective condition in the building’s front steps, leading her to fall and break her left leg and left shoulder.
Temple says African national turned down job, then sued
PHILADELPHIA – Temple University has denied that it did not hire an African national because of his racial background, but rather, that it offered him a job and he voluntarily turned it down.
Allegheny County looking to dismiss suit from corrections officer who claimed she was fired for refusing COVID vax
PITTSBURGH – Allegheny County is seeking to dismiss litigation from a veteran corrections officer who alleged she was fired for refusing to receive the COVID-19 vaccine, a treatment she wouldn’t consent to because she believes it violates her sincerely-held religious beliefs.
Lawsuit over bed bug infestation stayed, pending completion of arbitration
LANCASTER – Litigation between a mattress retailer and a Lancaster County man who alleged his bed bug-infested furniture caused an infestation which later spread to the rest of his home, has been stayed pending a private arbitration.
Federal judge grants fee awards in class action against Nevada retailer
ERIE – A federal judge has certified a class action lawsuit and given final approval to a settlement in litigation against a Nevada-based retailer of bags and other merchandise that claimed its website does not support Screen Reader software for the visually impaired and thus violated the Americans with Disabilities Act of 1990 – in addition to having granted plaintiff counsel’s requests for attorney’s fees and an incentive award.
McKeesport, officials looking to dismiss conspiracy charges from bus company's second suit
PITTSBURGH – The City of McKeesport, its mayor and city administrator are attempting to dismiss a charge of civil conspiracy levied against them by a school bus transportation company, who alleged they, the McKeesport Area School District and other officials collectively acted to remove the company from an agreement to provide the District with busing as an act of political retaliation.
Health care company settles negligence claims for minor with cerebral palsy for $275K
LANCASTER – A home health care agency and one of its nurses have settled a lawsuit brought by the parent of a child with cerebral palsy, which alleged that the defendants’ collective negligence led her disabled child to fall and suffer severe leg injuries, for $275,000.
Suit: Doctors kept plaintiff running on treadmill until she fell off and broke her arm
WILLIAMSPORT – A woman running on a treadmill for a medically administered stress test says doctors ignored her warnings that the speed of the treadmill was too fast for her to keep up, leading her to fall and suffer a broken arm and other injuries.