News from February 2023
Lancaster physician again denies liability for death of patient who underwent debridement
LANCASTER – A Lancaster doctor and his practice have again denied responsibility for the death of a man who underwent a debridement procedure on his throat.
Harley-Davidson employees in Poland who allegedly defamed U.S. man, found in default
SCRANTON – The owner and sales manager of a Harley-Davidson motorcycle dealership in Poland have both been found in default, in litigation alleging that they defamed a former employee after he immigrated to the United States.
Gary Samms Obtains a Defense Verdict on Behalf of Lab Director, Hospital and Health Care System
Partner Gary Samms, Chair of the Professional Liability and Catastrophic Loss Groups at Obermayer, obtained a defense verdict for a lab director, hospital, and health care system
Pa. man says auto-financier violated state consumer credit code with fee system
PITTSBURGH – A Pennsylvania man claims that a leading automobile financing company charges and collects illegal “pay-to-pay” fees from consumers statewide, in violation of the Commonwealth’s Consumer Credit Code.
Allegheny County Port Authority settles suit over concrete damage to its light rail vehicle
PITTSBURGH – The Port Authority of Allegheny County recently settled claims with a Bethel Park man who it felt was liable for an incident where pieces of concrete which allegedly originated from his property, fell onto a light rail vehicle owned and operated by the transit group.
Judge consolidates suits surrounding piercing of underground gas main in Tyrone
PITTSBURGH – A state court judge has consolidated litigation connected to a Western Pennsylvania woman’s claims that a local contractor’s negligence in piercing an underground gas main and failing to report the subsequent leak led to the death of her mother from exposure to the gas.
Lackawanna County and its prison defend firing of gay female corrections officer
SCRANTON – Lackawanna County and its prison have denied allegations that they unlawfully removed a gay female corrections officer from her work, placed her on administrative leave and terminated her from her job – instead countering that disciplinary infractions and a conflict of interest led to the events in question.
Jury awards $43.5M med-mal verdict to former Philadelphia Eagles captain Chris Maragos
PHILADELPHIA – After a two-week trial, a jury has handed down a $43.5 million medical malpractice verdict to the former captain of the Philadelphia Eagles, finding that his doctors were negligent in their treatment of his 2017 knee injury and that it directly led to the end of his National Football League career.
Longtime Legislative Adviser Anthony W. 'Tony' Lepore Joins Ballard Spahr Government Relations Practice
Anthony W. “Tony” Lepore—who advised governors, cabinet members, and hundreds of legislators during more than two decades as Chief of Staff to Pennsylvania Senate Democrats—has joined the Government Affairs and Public Policy Group at Ballard Spahr.
Kentucky group again argues lack of Pa. jurisdiction in fatal ATV accident suit
PITTSBURGH – A Kentucky company has filed its second dismissal motion on the topics of venue and jurisdiction, in a wrongful death lawsuit filed by the survivor of a fatal ATV accident in West Virginia.
Plaintiff opposing McDonald's attempt to bifurcate upcoming harassment and wrongful termination trial
PHILADELPHIA – A then-teenager who alleged that a McDonald’s manager showed her sexually graphic photos on his phone during her job interview, is opposing efforts by the fast food company to have the upcoming trial be divided in two.
Suit: Plaintiffs fell from allegedly non-compliant, outdoor wooden deck at restaurant
PITTSBURGH – A pair of Pittsburgh plaintiffs allege that Satalio’s Restaurant had a non-compliant outdoor wooden deck attached to its property, which they fell from last fall and sustained several serious injuries in the process.
Judge approves objections and discovery motions, in slander suit involving fitness nonprofit
MEDIA – A Delaware County judge has granted a pair of motions sustaining preliminary objections and to compel discovery, in a lawsuit brought by a Delaware County-based accountant which alleged that her former employer, a fitness nonprofit group for kids and a for-profit company, slandered her when publicly and falsely accusing her of embezzlement and payroll fraud.
Italian restaurant denies liability, in case where patron who fell out of booth later died
PITTSBURGH – A local Italian restaurant has denied liability for injuries that a plaintiff’s mother suffered when she fell on their premises, which led her to suffer a broken hip and eventually die.
Fox Rothschild Announces New Firm Leadership
Fox Rothschild LLP will implement several changes in its senior firm management team effective April 1.
Judge approves prison deposition for perpetrator of drunk driving accident which killed 23-year-old
PITTSBURGH – A state court judge has approved the taking of a deposition from the perpetrator of a drunk driving accident that killed the plaintiff’s 23-year-old daughter, a deposition which will take place while the subject defendant remains incarcerated.
Shopper with lung condition's PHRA lawsuit over not wearing mask in grocery store is dismissed
PITTSBURGH – Litigation from a local man with a chronic lung condition against a Western Pennsylvania supermarket, a suit alleging it violated the Pennsylvania Human Relations Act when it turned him away for his decision not to wear a mask while shopping in June 2020, has been dismissed without prejudice.
Mount Lebanon couple whose basement was flooded by raw sewage file new complaint
PITTSBURGH – After a state court judge dismissed their negligence per se claim, a Mount Lebanon couple has filed an amended complaint alleging the bottom level of their home was ruined, when raw sewage accumulated there due to a line back-up allegedly caused by the defendants.
Objections from new defendants, in suit over alleged encroachment surrounding energy pipeline
PITTSBURGH – Recently-added defendants have objected to litigation from a Western Pennsylvania couple who alleged that an energy company illegally encroached on their property to construct a natural gas pipeline.
Teacher allegedly sexually assaulted in her classroom says student's former school issued no warnings
PITTSBURGH – An educator who was allegedly sexually assaulted by one of her students contends that the student’s former school did not advise her of his capacity for committing acts of violence and assault.