PITTSBURGH – The son and daughter of a deceased Western Pennsylvania man claim their mother and brother defrauded them out of hundreds of thousands of dollars in settlement funds received in an underlying wrongful death lawsuit involving their father.
Allen Laughlin of Allegheny County and Adrienne Wojtkielewicz of Warren County, Ala. filed suit in the Allegheny County Court of Common Pleas on Nov. 25 versus Lorraine Laughlin and Anthony Laughlin Jr. of Ormond Beach, Fla. (formerly of Bairdford) and Goldberg Persky & White, P.C., of Allegheny County
“On Nov. 17, 2017, defendant Goldberg initiated a lawsuit in the Allegheny County Court of Common Pleas on behalf of Anthony N. Laughlin Sr., and defendant Lorraine Laughlin. Defendant Lorraine Laughlin and Anthony N. Laughlin are the mother and father of plaintiffs and defendant Anthony Laughlin Jr.,” the suit says.
“On July 10, 2018, Anthony N. Laughlin Sr. died. On Oct. 30, 2018, defendant Goldberg filed a motion for leave to amend complaint in a civil action and to add a wrongful death claim. On Nov. 8, 2018, Goldberg presented this motion to the Court, and the Court issued an order granting the motion.”
Goldberg filed an amended complaint and suggestion of death in the Laughlin lawsuit on Nov. 20, where it was alleged that the wrongful death action was bring brought “on behalf of the following persons entitled by law to recover damages…Allen Laughlin (son)…Adrienne Wojtkielewicz (daughter)”, i.e. plaintiffs herein, among others.”
On Feb. 10, Goldberg filed a petition for settlement of survival action and apportionment of settlement proceeds with wrongful death action in the Laughlin lawsuit. This petition stated that defendant Lorraine Laughlin – plaintiff in the underlying lawsuit – had entered into a settlement agreement with certain defendant to settle the underlying lawsuit, subject to the Court’s approval of the settlement.
The petition requested the Court enter an order where Lorraine Laughlin would receive 41.65 percent of the settlement proceeds for loss of consortium, where 41.5 percent would be assigned to the wrongful death claim and 16.7 percent of the settlement proceeds to the survival claim.
Finally, the petition asked the Court to distribute 100 percent of the wrongful death proceeds to defendant Lorraine Laughlin. She concurrently attributed that those statements were factual and applied to present and future settlement or verdict recoveries.
The Court granted the petition and approved the settlement breakdown on Feb. 13. However, that order was not served on the plaintiffs in the instant case, Allen Laughlin and Adrienne Wojtkielewicz.
They allege Lorraine Laughlin’s statements as to the same were untrue, and not representative of their beliefs towards the settlement.
“At no time relevant hereto did defendant Goldberg reach out to either plaintiff to independently inquire into, develop and assess the factual evidence relevant to defendant Lorraine Laughlin’s legal entitlement to wrongful death and/or ‘loss of consortium’ damages occasioned by the death and/or illness of their father,” per the suit.
The plaintiffs in the instant case only learned of the settlement agreement this past July and allege that Lorraine Laughlin and Anthony Laughlin Jr. spent hundreds of thousands of dollars on lavish purchases historically out of their means, such as a home in Ormond Beach, Fla. and new automobiles, including but not limited to, a late-model Lamborghini automobile.
For multiple counts of fraud, civil conspiracy, loss of consortium, breach of fiduciary duty, unjust enrichment and legal malpractice, the plaintiffs are seeking compensatory damages in a sum in excess of the applicable arbitration limits plus all interest, costs, delay damages and such other or additional relief as this Court may deem appropriate, plus a trial by jury.
The plaintiffs are represented by Paul A. Lagnese and David M. Paul of Berger & Lagnese, in Pittsburgh.
The defendants have not yet secured legal counsel.
Allegheny County Court of Common Pleas case GD-20-012043
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com