Nicholas Malfitano News
Nursing facility objects to wrongful death suit and its punitive damages claims
LANCASTER – The Hamilton Arms Center skilled nursing facility has brought preliminary objections against both the general allegations and demand for punitive damages made by the daughter of a resident who died there in June of last year.
Pittsburgh man maintains real estate group's negligence led his four-year-old to fall out third-floor window
PITTSBURGH – A Pittsburgh man insists that negligence on the part of a group of real estate entities led to a 2019 incident where his four-year-old son fell through a window screen, from the third story of their residence to the ground below.
Philly police look to dismiss suit over man's death in custody two years ago
PHILADELPHIA – The Philadelphia Police Department has motioned to dismiss litigation which alleged it violated its own policies, when it arrested the plaintiff’s late father two years ago and failed to subsequently administer medical aid, leading to his death while in custody.
Death of 20-year-old Texas man on off-road vehicle leads to Allegheny Co. wrongful death lawsuit
PITTSBURGH – The manufacturer of an off-road utility vehicle has removed litigation to federal court which accuses it of failing to properly construct and design the vehicle, in such a way as to have prevented the death of a 20-year-old Texas man in July of 2021.
After demand for new trial and fees, suit from man arrested by Pa. State Police is settled
PHILADELPHIA – A Chester County man who claimed he was illegally subjected to detainment, search, arrest and a blood test for DUI without probable cause by a Pennsylvania state trooper and who won a $500 verdict after a three-day jury trial, has settled his case after post-trial motions for a new trial and an award of attorney’s fees.
Pittsburgh man pinned against gasoline pump says no need to join additional parties in case
PITTSBURGH – A Pittsburgh man pinned against a gasoline pump by a car involved in a nearby automobile accident is refuting an attempt by British Petroleum to dismiss his case, due to an alleged failure to join necessary parties.
West Penn Power Company rejects liability for tree fall that paralyzed man and killed his wife
PITTSBURGH – West Penn Power Company declines liability in a negligence and wrongful death lawsuit brought against it, over a fallen tree incident that left one man paralyzed for life and killed his wife.
Glassport plaintiff maintains injury claims from trailer-connected plywood ramp
PITTSBURGH – A Western Pennsylvania woman stands by claims that she was seriously injured, when she fell while traversing a rain-slicked plywood ramp connected to a trailer, on the premises of her partner’s employer.
Lawsuit: Woman ingested glass shards while eating enchilada from Trader Joe's
PITTSBURGH – A local woman says she unknowingly ingested glass shards when eating a frozen enchilada she purchased from her local Trader Joe’s grocery store, and has filed suit against the store and the manufacturer of the enchilada.
Ariz. group and Pa. plaintiffs win $10K and injunction against Philly's knife weapon policy
PHILADELPHIA – An Arizona weapons advocacy group and two Pennsylvania men have settled civil rights litigation brought under the Second and Fourteenth Amendments to the U.S. Constitution against The City of Philadelphia and its police commissioner for $10,000, and secured an injunction which declared the City’s disputed cutting weapons possession policy as unenforceable.
Runner claims he was sprayed by copper pesticide during jog in Mount Lebanon
PITTSBURGH – A local man says he has suffered permanent facial and oral injuries after being exposed to a copper-based pesticide being used to spray trees while he was out on a run in Mount Lebanon last year.
Allegheny County plaintiff claims sexual assault at the hands of her plastic surgeon
PITTSBURGH – An Allegheny County woman alleges her plastic surgeon sexually assaulted her during her a pre-surgical consultation visit and later attempted to her ask her out for a date during her post-operative care.
Graphic designer's sexual harassment suit against Monroe County resort has been settled
SCRANTON – Litigation from a graphic designer and her partner, which alleged years of sexual harassment at the hands of the main plaintiff’s supervisor while working at a Monroe County resort, has been settled.
Cambria County railroad worker who alleged toxic exposure caused his prostate cancer has died
JOHNSTOWN – A Cambria County railroad laborer who developed prostate cancer from alleged exposure to toxic chemicals in his work with Norfolk Southern and Conrail and filed suit over those same circumstances, has passed away.
Third Circuit cites no jurisdiction for insurer's appeal over asbestos litigation costs
PHILADELPHIA – Citing a lack of jurisdiction, a panel of judges from the U.S. Court of Appeals for the Third Circuit ruled against an insurance company’s appeal connected to the costs it incurred in asbestos litigation from one of its customers.
Families of Chester children killed by passing Amtrak train file $20M lawsuit
PHILADELPHIA – The families of two minor children from Chester, who were killed in April by a passing Amtrak train going from New York to Washington, D.C., have filed a $20 million wrongful death lawsuit against the transportation company.
Economic loss damages now at stake in $25.6M discrimination suit against Starbucks
CAMDEN, N.J. – After a federal court jury awarded $25.6 million to a white former Starbucks store manager who claimed she faced racial discrimination and firing from the coffee company, after two Black men were controversially arrested at a Philadelphia store location, economic loss damages are now at issue between the parties.
Judge denies further injunctive relief to Philly POPS in antitrust suit against Kimmel Center
PHILADELPHIA – Though a federal judge granted limited preliminary injunctive relief to The Philly POPS in its antitrust litigation against The Philadelphia Orchestra and The Kimmel Center, that same judge recently denied further and more comprehensive injunctive relief to the musical entity.
Medical defendants refute allegations after patient falls off treadmill during stress test
WILLIAMSPORT – Defendants named in a lawsuit from a woman who alleged she was injured during a treadmill-based medical stress test, have filed preliminary objections in the case and denied the merits of its negligence-based allegations.
Amazon denies responsibility for Delco home fire
PHILADELPHIA – Amazon has denied liability for significant fire damage sustained by a Delaware County homeowner and insurance company, which alleged that same damage occurred after use of a pest repellent which he ordered from the company.