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PENNSYLVANIA RECORD

Monday, September 30, 2024

Latest News


Montco employee says avoiding masking because of her PTSD, led to her firing

By Nicholas Malfitano |
PHILADELPHIA – A former employee of Montgomery County contends that she was subjected to disability discrimination and retaliation under both federal and state law during the COVID-19 pandemic, when she refused to wear a mask in the workplace to avoid triggering symptoms of her post-traumatic stress disorder.

Norfolk Southern denies responsibility for injuries of jackhammer operator who jumped to avoid train

By Nicholas Malfitano |
ALLENTOWN – Norfolk Southern Railway Company has denied liability for injuries allegedly suffered by a jackhammer operator, who claims the company’s negligence forced him to jump approximately 30 feet from a manlift in order to save his own life from an approaching train.

Coca-Cola Bottling Company dismissed from plant operator's burn injury suit

By Nicholas Malfitano |
PITTSBURGH – The Coca-Cola Bottling Company has been dismissed from injury litigation surrounding severe burn injuries sustained by a bottling plant batching operator, who claimed that a hose attached to clean-in-place unit separated from its apparatus and sprayed a mixture of harmful chemicals on her body.

Widower settles negligence and wrongful death claims with UPMC-affiliated facility

By Nicholas Malfitano |
PITTSBURGH – A Pittsburgh widower has settled claims that a University of Pittsburgh Medical Center-affiliated facility was responsible for the eventual death of his wife, after she first fell while being transferred from her wheelchair to her bed.

Pa. Superior Court overrules Philly court, which chose to reconsider dismissal of FELA action

By Nicholas Malfitano |
HARRISBURG – The Superior Court of Pennsylvania has elected to vacate a Philadelphia trial court’s October order granting reconsideration and remand to the dismissal of a man’s Federal Employers Liability Act case against Conrail, Norfolk Southern Railway Company and an insurance carrier.

Bucks County man says Educator Discipline Act should allow for disclosure of misconduct complaint filing

By Nicholas Malfitano |
PHILADELPHIA – On First Amendment grounds, a Bucks County man seeks a permanent injunction against enforcement of the provisions of Section 17.2 of Pennsylvania’s Educator Discipline Act, a statute which he feels criminalizes the disclosure of truthful information connected to the filing of an educator misconduct complaint with the Commonwealth’s Department of Education.

Tour company, trip chaperone answer negligence suit over alleged rape of plaintiffs' 16-year-old daughter

By Nicholas Malfitano |
WILLIAMSPORT – An educational tour company and the mother of an alleged assailant have answered litigation brought against them by a California couple, who claimed that they were negligent in overseeing high school students on a trip to Spain one year ago – a trip during which the plaintiffs’ 16-year-old daughter was allegedly raped by one of the defendants.

Punitive damages stricken from case of over pub assault that left plaintiff with partially bitten-off nose

By Nicholas Malfitano |
LANCASTER – For now, punitive damages have been stricken from a lawsuit filed by a man who alleged he was assaulted by a fellow customer in a local pub last April, an altercation that ended with a part of the plaintiff’s nose being bitten off.

Lawsuit blames university for grimy shower floor in dorm

By Nicholas Malfitano |
PHILADELPHIA – A New Jersey woman alleges that she fell inside a shower area on the campus of Delaware Valley University nearly two years ago, and contends that the school is both negligent and responsible for her injuries.

Berks Area Regional Transportation Authority employee says he was exposed to racist environment

By Nicholas Malfitano |
ALLENTOWN – A Black employee of a Berks County transportation entity says he was exposed to racially-hostile behavior in the workplace and subjected to retaliation when he filed complaints about the behavior in question.

Rivers Casino wants recklessness allegations and punitive damages out of man's injury suit

By Nicholas Malfitano |
PITTSBURGH – Rivers Casino seeks to strike any allegations of “reckless conduct” and thereby, the demand for punitive damages, from a lawsuit filed by an Allegheny County man who says he suffered a long list of injuries when an intoxicated fellow patron of Rivers Casino drunkenly fell on his right leg.

Friends of the Riverfront also denies liability for cyclist's injuries on Three Rivers Heritage Trail

By Nicholas Malfitano |
PITTSBURGH – Following the City of Pittsburgh, the Friends of the Riverfront group has also denied liability for severe injuries suffered by a local cyclist, when he said that a lack of adequate lighting on the Three Rivers Heritage Trail caused him to fall off his bicycle.

Delco pub, owner counter allegations of patron who got in motorcycle crash

By Nicholas Malfitano |
MEDIA – A Delaware County pub and its owner have filed preliminary objections in response to litigation from an injured man who crashed his motorcycle while under the influence of alcohol, finding his allegations that he was over-served alcoholic beverages and allowed to drive at the end of the night to be erroneous.

Judge upholds arbitration award in labor dispute over teacher suspended for sexual misconduct allegation

By Nicholas Malfitano |
PITTSBURGH – A federal judge has confirmed an arbitration award in favor of a teachers’ union and an educator it represents who was reinstated after a sexual misconduct allegation, while denying a cross-motion for summary judgment from two area schools opposing that action.

Plaintiffs burned in propane explosion file product liability lawsuit against manufacturer

By Nicholas Malfitano |
PITTSBURGH – A group of plaintiffs severely burned in a propane tank explosion and two of their spouses have filed suit charging that manufacturer of a hose connected to the propane tank, which ruptured and caused the explosion, put the product in question out on the market knowing full well that it was defective.

Lyft wins striking of default judgment in ride share shooting death case

By Nicholas Malfitano |
PITTSBURGH – Lyft has won the opening and/or striking of a default judgment entered against in a case brought by the son and daughter of a 55-year-old man shot to death last August, in the parking lot of a Sheetz convenience store by his driver from the ride share company.

Delco officials deny that BOE member selection ordinance violates state election code

By Nicholas Malfitano |
MEDIA – Delaware County and its Council have refuted allegations from the county’s Republican Party and its Chairman that an ordinance governing the selections of members to the local Board of Elections runs afoul of state election code.

Lawsuit: UPMC doctors missed condition which led to plaintiff's thyroid cancer

By Nicholas Malfitano |
PITTSBURGH – An Altoona couple alleges that doctors at the University of Pittsburgh Medical Center failed to follow up on the wife-plaintiff’s initial diagnosis of adenopathy, which she says led her to develop late-stage thyroid cancer.

After restaurant altercation, woman says Lancaster's arresting officers violated her rights

By Nicholas Malfitano |
ALLENTOWN – A woman contends that her civil rights were violated when Lancaster police officers arrested and took her into custody, subsequent to her having had a verbal altercation with a patron at a local restaurant.

Magistrate judge drops breach of contract claim from school district's suit over failed bus canopy

By Nicholas Malfitano |
PITTSBURGH – A federal magistrate judge has partially granted a motion to dismiss from a construction firm defending itself from claims brought by a Western Pennsylvania school district, one seeking compensation from the construction firm who built an entrance bus canopy at one of its elementary schools, which failed after nearly 15 years of use.