Nicholas Malfitano News
Sewickley medical defendants deny allegations they caused plaintiffs’ infant daughter’s death
PITTSBURGH – After a local doctor, obstetrics and gynecology practice and a hospital were denied their preliminary objections in response to a wrongful death suit from a Sewickley couple that charged their collective negligence led to the death of a baby girl over one year ago, those same medical defendants have provided additional arguments which deny the plaintiffs’ assertions.
Plaintiffs try to hold onto punitive damages in injury suit versus Marriott and City of Lancaster
LANCASTER – A pair of plaintiffs, who alleged they were struck by a wooden beam which fell from the ceiling as they were dining inside a local Marriott hotel restaurant, have opposed the hotel and City of Lancaster’s attempt to strike punitive damages from their case.
Property owner sued over fatal shooting sues insurer over coverage problems
PITTSBURGH – The real estate company behind a Pittsburgh property, one currently the subject of several lawsuits connected to a fatal shooting which took place there in April 2022, is now suing an independent insurance agency for alleged negligence, which it says led to its coverage from a prospective new insurer being denied.
Case of landlord's properties demolished by City of Philadelphia sees appeal to Third Circuit
PHILADELPHIA – A federal judge’s grant of summary judgment to a trio of officials from the City of Philadelphia, which ended a local man’s litigation which alleged his civil rights were violated when his properties were sold and demolished by the City, is being appealed to the U.S. Court of Appeals for the Third Circuit.
Glenolden roofing company denies setting fire to customer's home and causing $77K in damages
MEDIA – A Glenolden roofing company has denied allegations that while performing such services on a local woman’s property, it set fire to her home and caused more than $77,000 in damages to her residence.
Allegheny County fights suit claiming it prevents journalists from finding sources in its jail
PITTSBURGH – Allegheny County has denied that its internal “Gag Rule” policies violate the First Amendment rights of its county jail employees and prevent the plaintiff, an investigative journalist, from developing sources to offer comment for stories detailing events which have taken place inside the jail.
Walmart wants to dismiss USPS employee's suit over burns from drain cleaner sent in the mail
PITTSBURGH – Walmart seeks to dismiss a host of claims made by a United States Postal Service employee, in litigation which alleged that the plaintiff suffered third-degree chemical burns, when a drain cleaner product being sent through the mail leaked through its thin packaging and made contact with her body.
Phila. Roundup verdict is $3.5M; Monsanto claimed bias by trial judge
PHILADELPHIA – The manufacturers of weedkiller Roundup are facing a second loss at trial in Philadelphia to the tune of $3.5 million, just weeks after another local jury handed down a $175 million verdict award to plaintiffs in the first case in a series of trials.
Obscured hazard in AMC movie theater led to plaintiff's fall and injuries, suit says
SCRANTON – A Schuylkill County couple claim that the wife-plaintiff suffered a broken right foot and other injuries, as a result of falling on an obscured hazard in a dimly-lit AMC movie theater more than two years ago.
Lawsuit: Philly police officers violated rights of homeowners, during arrest warrant search for ex-occupant
PHILADELPHIA – A Philadelphia couple allege Philadelphia Police Department officers unlawfully detained them and otherwise violated their civil rights during an arrest warrant-related search for the former occupant of their home.
Delaware lender wants arbitration in class action suit alleging improper cap on interest rates
ERIE – A Delaware-based lender is looking to compel arbitration in a class action where Pennsylvania plaintiffs allege the defendant violated guidelines setting a cap on interest rates.
Amtrak seeks judgment on the pleadings, after deaths of two children on train tracks in Chester
PHILADELPHIA – Amtrak has motioned for judgment on the pleadings, in response to a lawsuit that claimed the company is liable for the deaths of two minor children from Chester, who were killed in April by a passing Amtrak train going from New York to Washington, D.C.
Daughter of woman who died at nursing facility last year, maintains it is to blame for her death
LANCASTER – After a woman who was a resident of the Hamilton Arms Center skilled nursing facility for two months died in June of last year, her daughter continues to maintain the facility is directly responsible for the events in question.
Crane company denies responsibility for release of 55 tons of molten metal, which led to plaintiff’s burns
PITTSBURGH – A crane design company has rejected allegations from an Allegheny County man, who claimed it was responsible for him suffering severe burns and smoke inhalation, when a crane at the site he was working at failed and caused a subsequent explosive release of 55 tons of molten metal.
After out-of-control Port-O-Potty strikes plaintiff, default judgment sought against three defendants
MEDIA – A trio of defendants may face the possibility of a default judgment entered against them for failure to respond to a Springfield woman’s lawsuit, one which alleged a negligent backhoe operator struck her with a Port-O-Potty while it was being moved on the street where she lived.
Union County library employee says seeking religious exemption from mask mandate got her fired
WILLIAMSPORT – A former public library employee in Lewisburg alleges her Christian beliefs were the determinative factor in the library’s decision to terminate her employment, when she sought a religious exemption to its mandatory mask policy during the COVID-19 pandemic.
Pa. courts tie for No. 1 ranking on annual 'Judicial Hellholes' report list
WASHINGTON – According to the latest annual report of “Judicial Hellholes” released Tuesday by the American Tort Reform Association, Pennsylvania courts have tied with Georgia for the No. 1 ranking for jurisdictions considered unfriendly to businesses.
Lawsuit says Pittsburgh's pickleball courts are a noisy nuisance
PITTSBURGH – A local woman whose home is located adjacent to pickleball courts at Moore Park has sued the City of Pittsburgh and says that her quality of life has been negatively impacted by the noise of constant play at those same courts.
Judge denies Crozer Health preliminary objections, in suit surrounding death of man during cataract surgery
MEDIA – A state court judge has overruled preliminary objections on the topic of corporate negligence from Crozer Health defendants, in litigation from the widow of a Clifton Heights man which alleged that 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.
Daimler North America argues improper pleading by man injured by tree removal vehicle
PITTSBURGH – Daimler Trucks North America has objected to claims made by an Allegheny County man, who said he suffered grievous physical injuries when the Freightliner tree removal vehicle he was standing next to suddenly moved without warning due to a failed brake system – thus trapping him next to the stump grinder mechanism.