Pennsylvania Record

Saturday, March 28, 2020

Philly law firm responds to allegations it hid the death of its client from defendant

State Court

By Nicholas Malfitano | Feb 10, 2020

Delawarecountycourthouse
Delaware County Courthouse

MEDIA – A Philadelphia law firm alleges a Springfield restaurant and tavern’s claims that it misrepresented that a client was alive when in fact she was deceased, are groundless.

Lamb Tavern Steak House and Oyster Bar Inc. initially filed a complaint Jan. 7 in the Delaware County Court of Common Pleas against Sidney L. Gold & Associates, Sidney Gold, Jamie Ford and Louis Del Piano, alleging violation of the Dragonetti Act.

The suit stated Kathleen Del Piano worked as a waitress at the Lamb Tavern from 2012 through April 2017, when she was terminated for poor performance. Del Piano hired Sidney L. Gold & Associates to file a lawsuit against the plaintiff, alleging retaliation for reporting alleged age discrimination and a sexually hostile work environment.

The plaintiff alleged its owners were “stunned” by the allegations that they believed were false and “made in an effort to shake down the owners and The Lamb Tavern for money.”

Lamb claimed that for 21 months, including after Del Piano’s death in April 2018, the defendants “engaged in a relentless and costly attack on the good name and reputation” of the tavern in an “attempt to line their own pockets.”

On Feb. 5, the defendants filed preliminary objections to Lamb Tavern’s complaint, among them that the suit failed to state a claim, did not include a notice to defend, was not verified and did not have exhibits attached.

“The complaint fails to allege that objecting defendants brought the underlying action for an improper purpose. The underlying complaint was dismissed without prejudice, the dismissal without prejudice was not a termination of the action and was not a favorable termination,” the objections read, in part.

The defendants request the complaint be dismissed, or in the alternative, that plaintiff be required to file and serve a complaint that complies with the Rules of Civil Procedure.

Meanwhile, the plaintiff seeks monetary relief of more than $50,000, punitive damages, interest and all other appropriate relief.

The plaintiff is represented by Gerard Egan of Egan & McCarthy, in Exton.

The defendants are represented by Gerald J. Dugan of Dugan Brinkmann Maginnis & Pace, in Philadelphia.

Delaware County Court of Common Plea case CV-2020-000218

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com

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Organizations in this Story

Sidney L. Gold and Associates, PCDugan, Brinkmann, Maginnis and PaceEgan & McCarthy, Attorneys at Law