PHILADELPHIA – A Philadelphia law firm and one of its attorneys contends an adversary firm defamed it and abused legal process through continuing to pursue a Workers' Compensation claim despite evidence to the contrary.
The Law Office of J. Edward McCain III of Philadelphia filed suit in the Philadelphia County Court of Common Pleas on Aug. 7 against Matthew B. Weisberg, Esq, Weisberg Law, P.C. and L. Anthony DiJiacomo III, all of Morton.
In August 2017, the defendants filed a breach of contract claim against the plaintiffs on behalf of Cary Vickers (Vickers v. McCain Et.Al, Philadelphia County Court of Common Pleas case 170802149), alleging the breaches were for representation for Workers' Compensation and Social Security claims, to which the plaintiffs filed preliminary objections.
On March 26, defendants filed an amended complaint in response to the preliminary objections. Through a letter from counsel on April 4, the defendants were informed of the following:
• Plaintiffs never contracted with Vickers with respect to Social Security;
• Vickers’ Social Security claim was in fact filed by Silver & Silver in September 2011;
• According to the diagnosis of Vickers own treating physician, Dr. Mark J. Ingerman, it was medically impossible for his injuries to be work-related and therefore he did not have a viable Workers' Compensation claim;
• That Vickers had lied to his physician regarding his dates of employment in order to facilitate the letter dated July 9, 2012;
• That letter is based solely on Vickers’ fraudulent misrepresentation to Dr. Ingerman, that he was employed by Brujus up until the day he was hospitalized;
• After learning Vickers last worked for Brujus in 2010 and did not become ill until August 2011, Dr. Ingerman repudiated his letter diagnosis;
• Vickers was informed of this situation and voluntarily chose to withdraw his worker’s compensation claim, therefore Vickers had no underlying claim on which to base his lawsuit.
“Based on this easily and readily verifiable information, defendants were asked to withdraw the erroneous complaint. Rather than exercise even slight diligence, defendants chose to double down on their malicious and unsustainable claims and filed an answer to preliminary objections that claimed evidentiary support for Vicker’s fictitious claims,” the suit states.
“Defendants knew or should have known that by furthering Vickers claims they were suborning perjury. Instead, defendants displayed an acute reckless disregard of their legal duties by maintaining and continuing to prosecute the amended complaint and filing subsequent pleadings.”
The plaintiffs contend the defendants’ filings were “for the express purpose of humiliating, harassing and disparaging plaintiffs’ good name and reputation, and to ultimately extort hundreds of thousands of dollars from plaintiffs or their insurance carrier.”
“Further, by suborning these fictitious allegations, defendants have perpetrated a fraud upon this Honorable Court. As such, they should be held personally and professionally accountable by the harshest punitive measures the court sees fit,” the suit says.
“As a direct result of defendants’ actions in facilitating a fraud, plaintiffs have suffered damages, including but not limited to embarrassment, humiliation damage to reputation and pain and suffering as well as costs and expenses.”
As the defendants’ response was due Aug. 27, they filed a motion for extension of time to respond to the plaintiffs’ “complex” complaint on Aug. 15. According to court records, Philadelphia County Court of Common Pleas Judge Arnold L. New approved that request the following day, Aug. 16.
For counts of defamation, conspiracy to commit fraud, abuse of process and wrongful abuse of process under the Dragonetti Act, the plaintiffs are seeking compensatory and punitive damages in excess of $50,000, together with interests and costs of the suit as permitted under the applicable law.
The plaintiffs are represented by Zakia E. Moore of McCain Law, in Philadelphia.
The defendants are represented by Matthew B. Weisberg of Weisberg Law, in Morton.
Philadelphia County Court of Common Pleas case 180503163
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com