SCRANTON – A rehabilitation center patient claims the center was negligent when it installed “skid plates” to the bottom of his walker, which he says caused him to fall in his room and be seriously injured.

Joseph Krinsky of Olyphant filed suit in the Philadelphia County Court of Common Pleas on July 17 versus Lackawanna Acquisition I, LLC (doing business as “Lackawanna Health and Rehab Center”), also of Olyphant.

On May 22, 2015, plaintiff was a resident patient of Lackawanna Health and Rehab Center and when exiting the bathroom in his room, the “skid plate” attached to the bottom of the rear legs of his walker became lodged under the bathroom door. According to the lawsuit, this caused the back of the walker to lock in place as Krinsky moved forward, causing him to fall forward, over the walker and onto the floor, causing serious injuries and damages.

Furthermore, the plaintiff alleges the defendant was the party responsible for attaching the skid plates to his walker – which in his belief, was tantamount to negligence on the part of Lackawanna Health and Rehab.

As a result, Krinsky suffered severe injuries including, but not limited to, a fractured right distal femur requiring surgery and the installation of rods, plates and screws, trauma to his body and/or an aggravation of medical conditions resulting in a delayed stay at the facility, plus nervous system shock.

For a lone count of negligence, the plaintiff is seeking damages, jointly and severally, in an amount in excess of $50,000.00, plus costs, delay damages and other such relief as the Court deems just and proper in this matter.

The plaintiff is represented by Scott E. Schermerhorn in Scranton.

Lackawanna County Court of Common Pleas case 17-CV-2391

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

PHILADELPHIA – A Philadelphia resident alleges her insurer wrongfully terminated her disability benefits and that she is still disabled.

Shellene Freeman filed a complaint on July 19 in the U.S. District Court for the Eastern District of Pennsylvania against The Lincoln National Life Insurance Co. alleging violation of the Employee Retirement Income Security Act.

According to the complaint, the plaintiff alleges that she became disabled and stopped working in March 2016. She allege she collected disability benefits from March to May 2016 and that in August 2016, the defendant informed her it discontinued her payments because it concluded she was no longer disabled.

The plaintiff holds The Lincoln National Life Insurance Co. responsible because the defendant allegedly discontinued plaintiff's insurance benefits despite still being disabled.

The plaintiff seeks payment of all benefits due to the plaintiff plus interest, court costs, interest and any further relief the court grants. She is represented by Graham Baird of The Law Offices of Eric A. Shore in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-03214-RBS

SCRANTON – A Harrisburg woman claims that her long-term disability benefits were wrongfully terminated.

Marie Lindor filed a complaint on July 17 in the U.S. District Court for the Middle District of Pennsylvania against The Lincoln National Life Insurance Co. alleging violation of the Employee Retirement Security Act.

According to the complaint, the plaintiff alleges that she was approved for long-term disability benefits in January 2016 and that the benefits were later terminated that June. 

The plaintiff holds The Lincoln National Life Insurance Co. responsible because the defendant allegedly terminated plaintiff's benefits despite still being her still being incapable of returning to work.

The plaintiff seeks judgment against the defendant for full and complete payment of plaintiff's disability benefits, court costs, interest and any further relief the court grants. She is represented by Marc H. Snyder of Rosen, Moss, Snyder & Bleefeld LLP in Jenkintown.

U.S. District Court for the Middle District of Pennsylvania case number 1:17-cv-01248-JEJ

PHILADELPHIA – The owners of a Bensalem company are in a disagreement over the use of marks and logos for products.

Sameed Naviwala and Aisha Naviwala individually and on behalf of Oxford Home Fashions LLC filed a complaint on July 20 in the U.S. District Court for the Eastern District of Pennsylvania against Satish Khanna, Nitin Khanna and Nidico Group Inc. and Oxford Home Fashions LLC alleging breach of contract and other counts.

According to the complaint, the plaintiffs and Satish Khanna and Nitin Khanna were all members of Oxford Home Fashions, which operated from 2013 to 2016. The plaintiffs allege that after Oxford suspended its operations, the defendants began using Oxford's branding, including marks, logos and mottos. The plaintiffs allege that the defendants have unlawfully copied Oxford's entire product line. 

The plaintiffs request a trial by jury and seek enjoin the defendant, court costs and any further relief the court grants. They are represented by Joshua W. B. Richards and Stephen J. Driscoll of Saul Ewing LLP in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania Case number 2:17-cv-03234-WB

PHILADELPHIA – A Philadelphia author claims that the Netflix film "Burning Sands" copies unique portions of his book.

Al Quarles Jr. filed a complaint on July 18 in the U.S. District Court for the Eastern District of Pennsylvania against Netflix Inc., Mandalay Entertainment Group, Gerard McMurray and Christine Berg alleging copyright infringement.

According to the complaint, the plaintiff alleges he is the author of "My Brother's Keeper" and "Hell 2 Pay," the two volumes of "Burning Sands." "My Brother's Keeper" was published in 2014.

The suit states that the defendants copied parts of his book for the 2017 film of the same name. The film was based on a screenplay written by McMurray and Berg after the publication of the plaintiff's book, the suit states. 

The plaintiff requests a trial by jury and seeks enjoin the defendants, impound all infringing materials, actual damages, profits, statutory damages, profits, court costs, and any further relief the court grants. He is represented by Bryan R. Lentz, Gavin P. Lentz and Peter R. Bryant of Bochetto & Lentz PC in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-03212-JCJ

PHILADELPHIA – A Philadelphia man alleges a California-based debt collector sent him a letter that contained untrue statements that do not accurately reflect the relevant law.

Peter Greenland filed a complaint on July 19 in the U.S. District Court for the Eastern District of Pennsylvania against ARS National Services Inc. alleging violation of the Fair Debt Collection Practices Act.

According to the complaint, the plaintiff alleges that the defendant sent him a collection letter in July 2016 that contained false statements. He also alleges the letter did not indicate how much of the alleged debt is interest or principal.

The plaintiff holds ARS National Services Inc. responsible because he has allegedly been damaged by the letter.

The plaintiff seeks actual damages, statutory damages, court costs and any further relief the court grants. He is represented by Antranig Garibian of Garibian Law Offices PC in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-03221-GAM

PITTSBURGH – On June 24, a New York-based diamond company and its owner moved to dismiss a lawsuit launched by a resident of Allison Park alleging the company kept part of a cache of diamonds consigned for sale on his behalf.

On May 3, Thomas Fabiszewski filed suit in the Court of Common Pleas of Allegheny County against New York-based Pegasus Diamonds LLC and its owner Guy Tadmor, a resident of New Jersey, to recover diamonds Fabiszewski allegedly consigned to the company to sell on his behalf. 

The defendants called for the case’s dismissal, citing questions of fact and lack of personal jurisdiction concerning Pegasus and Tadmor and claiming Allegheny County is an improper venue for trial. The defendants also seek to dismiss Fabiszewski’s demand for attorneys fees.

Fabiszewski claims that in November 2014 he entered into an oral contract in which Tadmor agreed to sell a cache consisting of 55 loose diamonds and 44 pairs of diamond earrings, worth a total of $299,084, on his behalf. 

Fabiszewski alleges he sent the cache to Pegasus in six separate shipments between November 2014 and February 2015, under the agreement that the defendants would pay him within 30 days of selling any part of the cache and would return any unsold remainder by June 1, 2015, and forfeit a 5 percent annual penalty based on the value of any diamonds remaining in the company’s possession.

Fabiszewski claims that one of the first two checks sent to him by Pegasus in February 2015 bounced due to insufficient funds. Since then, he alleges that the defendants have paid him $60,000 for the portion of the cache sold on his behalf and returned a portion worth $112,546.75, leaving a balance of $126,537.25 still due and owing.

He claims that “despite repeated demands” the defendants have refused to pay for or return the remainder of the cache, and have ignored the 5 percent penalties levied on March 1, 2016, and March 1, 2017, based on the value of the remainder allegedly still in the company’s possession. Fabiszewski launched a civil suit on May 3 to recover the value of the remainder of the cache, “plus interest, costs, and all of [Fabiszewski’s] out-of-pocket expenses including attorney’s fees.”

On June 23, Pegasus and Tadmor answered by calling for a dismissal of the suit, arguing that neither lived in Pennsylvania, had employees there, or regularly conducted business in the state, and therefore did “not have the minimum contacts” required to allow Pennsylvania jurisdiction. 

They also objected to the venue for the case, since each denied entering into an oral contract in Allegheny County, and sought to have Fabiszewski’s request for attorney’s fees stricken from the complaint, arguing that Fabiszewski’s “general, vague allegation regarding the payment of costs is insufficient to require the payment of cost or attorney’s fees.”

PITTSBURGH – A civil lawsuit alleging wrongful death and seeking millions of dollars in damages has been filed in the Allegheny Court of Common Pleas by the estate of Codi Joyce, a 23-year-old male who was found unresponsive inside a Munhall home and later died at a hospital.

Named in the suit are six individuals - Devin Hinkle, Ryan Sabo, Connor Stevens, Derek R. Marcone, Jessica Lentz and Daniel J. Lentz - whom the family of Joyce claim were all involved in the death in some form or other. Joyce was allegedly beaten at a party in 2015 in Munhall.

The formal complaint filed by Joyce’s father, John J. Joyce, states that Jessica Lentz was the host of frequent parties at her residence owned by Daniel J. Lentz (her father) who gave her permission to do so. The residence allegedly was known as a place for “younger individuals” to drink. One such party was held on Sept. 27, 2015, and Codi Joyce was in attendance, the suit states. 

Around 1 a.m., Joyce allegedly got into an altercation with Stevens over a Hot Pocket, escalating to the co-defendant, along with the help of Sabo, Hinkle and Marcone, beating and choking Joyce to death. The suit states that it was determined that cause of death was the result of a multi-system trauma to areas including the head, spine and abdomen.

The suit states that Hinkle and Stevens were responsible for the choking while Stevens, Marcon, and Sabo “repeatedly and violently” beat the decedent. Hinkle allegedly also sustained bite mark defensive wounds in the assault. 

After the attack, Marcone checked Joyce’s pulse and could not find a heartbeat, the suit claims.

The attackers, as well as the party’s host, allegedly failed to call the police and even went so far as to tell other party guests not to call 911. Emergency services were eventually called by neighbors who had heard the commotion of the party, the suit says.

Additionally, Sabo allegedly texted a woman stating that he and Hinkle had killed Joyce. Sabo also sent a picture with tear drops drawn onto his eye, similar to a gang symbol donned by individuals who have committed murder, the suit states. 

Joyce’s estate is seeking $7 million in compensatory damages and $50 million in punitive damages.

Daniel Lentz and Jessica Lentz filed their objection on June 23 stating that paragraphs within the plaintiff’s complaint contained “scandalous or impertinent matter.” The named paragraphs center on the allegations that Jessica Lentz frequently hosted the parties in which minors were in attendance and that her father gave permission for the get-togethers. Eight paragraphs in total were objected to.

Attorneys for the co-defendants claim that as Joyce was not a minor, any mentions of underage drinking should be stricken as well as the mentions of Jessica Lentz hosting frequent parties. As no criminal charges of homicide have been brought against either Lentz, the defendants request the use of “murder” and “homicide” within the complaint be stricken. 

The response also argues that the defendants are unable to prepare a case due to the “wide open” nature of the complaint as it fails to “set forth causes of action individually against each defendant” in regards to the direct involvement of either Lentz on Joyce’s death.

SCRANTON – A resident of Old Forge Manor Personal Care Center has filed a lawsuit in Lackawanna County Common Pleas Court claiming that she injured when she was cut on the rail of a bed, and the defendant recently filed its objections.

The complaint by Irene Mitchell names Old Forge Manor Personal Care Center, Old Forge Manor Personal Care and Retirement Center Inc. and Saber Healthcare Egroup and Saber Healthcare group, doing business as SHCS Managed Co., as defendants.

According to the complaint, on June 12, 2015, Mitchell suffered “serious and permanent injuries, including but not limited to injuries to a severe laceration to her leg” while a resident at the facility.

The complaint also alleges that the incident occurred in an area that was open to visitors and residents and was under the care and control of the defendants.

As a result of the injuries, the complaint maintains that Mitchell has had to undergo several medical procedures and incur mounting medical expenses and she is likely to incur additional medical bills as a result of her injury.

The complaint alleges negligence and sought at least $50,000 as well as costs and “any award this honorable court deems appropriate.”

In their objection, the defendants claim that Mitchell’s complaint should be stricken for lack of a proper verification.

The objection also states that Mitchell’s complaint lacks the specificity required by Pennsylvania pleading rules and case law; and that it fails to set forth sufficient allegations of agency and/or vicarious liability; and lacks specific factual basis.

Among the points in the objection, the defendants’ attorneys maintain that Pennsylvania is a fact-pleading commonwealth.

Citing Zaborowski v. Hospitality Care Ctr. of Hermitage Inc., the defendants noted that in Pennsylvania, to determine if a pleading meets the specificity requirements, a court must determine whether the facts alleged are specifically specific so as to enable a defendant to prepare a defense.

The defendants are represented by Burns White LLC

Mitchell is represented by the Pisanchyn Law firm of Scranton.

SCRANTON – A woman alleges her Muncy employer failed to pay her overtime wages.

Regina Savidge filed a complaint on July 20 in the U.S. District Court for the Middle District of Pennsylvania against Pic Bros. Auto Sales Inc. alleging violation of the Fair Labor Standards Act and Pennsylvania Minimum Wage Laws.

According to the complaint, the plaintiff was hired as an auto detailer in June 2016 and she alleges she was not given any lunch breaks or other breaks during her shift. She alleges that she worked 54 hours per week but was only paid straight time for the additional hours over 40.

The plaintiff holds Pic Bros. Auto Sales Inc. responsible because the defendant allegedly failed to pay the overtime premium to the plaintiff. She alleges she is owed $2,499 in unpaid overtime.

The plaintiff requests a trial by jury and seeks wages found and owing, unpaid overtime premiums, interest, court costs and any further relief the court grants. She is represented by Austin White and Beau A. Hoffman of McCormick Law Firm in Williamsport.

U.S. District Court for the Middle District of Pennsylvania case number 4:17-cv-01285-MEM

PHILADELPHIA – A Newcastle man and his employer allege his former employer is interfering with business relationships.

Action Unlimited Resources Inc. and Randy S. LaBar filed a complaint on July 18 in the U.S. District Court for the Eastern District of Pennsylvania against Veritiv Operating Co. alleging breach of contract and other counts.

According to the complaint, LaBar was employed by Vertiv or its predecessor for 37 years as a sales representative until his involuntary termination due to poor sales performance in June. The suit states that he accepted a job one month after his termination with Action Unlimited Resources and that Veritiv sent him a cease and desist letter regarding his new employment over allegations he may be violating an agreement.

LaBar alleges he never entered an agreement with Veritiv and the only known restrictive covenant he entered into was in 1992 with International Paper Co., of which Veritiv is not a party.

The plaintiffs request a trial by jury and seek monetary damages, court costs, interest, and any further relief this court grants. They are represented by Michael R. Miller of Margolis Edelstein in Philadelphia.

U.S. District Court for the Eastern District of Pennsylvania case number 2:17-cv-03197-JD

SCRANTON – Former employees of Love's Travel Stops & Country Stores Inc. allege they are owed unpaid overtime wages.

Zachary Given, Kristopher Lawson, Vincent McCleery and Sean McMurran filed a complaint on behalf of other persons similarly situated on July 18 in the U.S. District Court for the Middle District of Pennsylvania against Love's Travel Stops & Country Stores Inc. alleging violation of the Fair Labor Standards Act.

According to the complaint, the plaintiffs were employed by the defendant as operations managers. They allege that they were paid on a salary basis and were not paid overtime wages.

The plaintiffs seek unpaid wages, overtime wages, liquidated damages, punitive damages, court costs and any further relief this court grants. They are represented by David S. Senoff of Anapolweiss in Philadelphia.

U.S. District Court for the Middle District of Pennsylvania case number 1:17-cv-01266-CCC

SCRANTON – An Ohio man alleges he was injured when welding for his employer when a slag pan exploded.

Steven Becher filed a complaint on July 9 in the U.S. District Court for the Middle District of Pennsylvania against Norfolk Southern Railway Co. citing the Federal Employers' Liability Act.

According to the complaint, the plaintiff was working for the defendant on Jan. 14, 2015, as a welder and sustained physical injuries when the slag pan suddenly exploded. The plaintiff holds Norfolk Southern Railway Co. responsible because the defendant allegedly failed to provide the plaintiff a safe place to work and required welders to weld in temperature extremes below industry or manufacturer's standards for safe operation.

The plaintiff requests a trial by jury and seeks judgment against the defendant in an amount that exceeds $150,000. He is represented by Voci R. Bennett of Keller & Goggin P.C. in Philadelphia.

U.S. District Court for the Middle District of Pennsylvania case number 2:17-cv-00941-MPK

PITTSBURGH – A man employed as a drilling fluid engineer for an oil and natural gas company alleges that he was not paid for overtime work.

Burton Williford filed a complaint on behalf of herself and all others similarly situated on July 18 in the U.S. District Court for the Western District of Pennsylvania, Pittsburgh Division against Rice Energy Inc. alleging violation of the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that he was improperly classified as an independent contractor and was not paid any overtime compensation during his employment from June 2014 to April. The plaintiff holds Rice Energy Inc. responsible because the defendant allegedly refused to pay overtime wages to the plaintiff despite working more than 40 hours per week and instead only paid a day rate.

The plaintiff requests a trial by jury and seeks unpaid back wages, liquidated damages, interest, court costs and any further relief the court grants. He is represented by Joshua P. Geist of Goodrich & Geist PC in Pittsburgh.

U.S. District Court for the Western District of Pennsylvania, Pittsburgh Division case number 2:17-cv-00945-MPK

ERIE – A Carlisle man alleges that he was suspended from his job after voicing concerns regarding a software program.

Jeremy Carr filed a complaint on July 19 in the U.S. District Court for the Western District of Pennsylvania against Norfolk Southern Railway Co. alleging Norfolk Southern Railway Co. citing the Federal Rail Safety Act.

According to the complaint, the plaintiff was employed as a dispatcher by the defendant out of Harrisburg. He alleges that he was damaged from being suspended from work for 20 days in December 2015 for voicing his concerns regarding the problem of a software program used to automate dispatching functions. 

The plaintiff requests a trial by jury and seeks judgment against the defendant, compensatory damages, punitive damages, special damages, court costs and any further relief this court grants. He is represented by Deborah K. Marcuse of Feinstein Doyle Payne & Kravec LLC in Pittsburgh.

U.S. District Court for the Western District of Pennsylvania case number 2:17-cv-00950-RCM

SCRANTON – An Arizona corporation alleges attorneys at a Troy law firm did not have the experience or ability to represent it in legal matters relating to subsurface oil, gas and mineral rights.

Brenco Oil Inc. filed a complaint on July 21 in the U.S. District Court for the Middle District of Pennsylvania against Casandra K. Blaney, Gerald W. Brann, Evan S. Williams Jr., David J. Brann, Harold G. Caldwell and Richard D. Sheets, all doing business as Brann Williams Caldwell & Sheetz alleging professional negligence and breach of contract.

According to the complaint, the plaintiff alleges that it contracted the defendants to advise and counsel it regarding the acquisition of subsurface oil, gas and mineral rights in Bradford and Sullivan counties in 2011. It alleges it was damaged by the defendants' negligence because of defective or invalid mineral rights.

The plaintiff holds the defendants responsible because the defendants allegedly were negligent in failing to train and properly supervise its employees.

The plaintiff seeks judgment against the defendant for damages, interest, court costs and any further relief the court grants. It is represented by Alexander J. Palamarchuk of McGivney, Klugger & Cook, P.C. in Philadelphia.

U.S. District Court for the Middle District of Pennsylvania case number 4:17-cv-01272-YK

SCRANTON – A woman allegedly injured in a St. Patrick’s Day parade melee inside Kildare’s Scranton last year has initiated legal action against the establishment, claiming it did not have proper security in place and overserved intoxicated patrons.

Jamie Pacelli of Berwick filed suit in the Lackawanna County Court of Common Pleas on June 21 versus Kildare’s Scranton, Inc., of Scranton.

According to the lawsuit, the defendant owns and operates Kildare’s Scranton, which becomes particularly crowded each year during the St. Patrick’s Day Parade and related celebrations. During the parade, the suit says Kildare’s sets up separate bars inside and outside the premises to accommodate the large number of patrons who stop by. 

The plaintiff and her friends were among those patrons last year, and her group stayed at Kildare’s for several hours.

Pacelli went to get a water bottle from one of the bars located inside the premises and noticed problems developing between her friend Magdalena and other unknown patrons inside of the bar. At that point, Pacelli says an unknown and visibly intoxicated patron sucker-punched Magdalena, and a fight broke out.

Pacelli was caught in the middle of the altercation and consequently became injured, she says. She was found on the floor in pain by security – only after the altercation was over, the lawsuit says, and was then transported to a local hospital to be treated for her injuries.

Pacelli claims the defendant failed to maintain the premises safely through not having adequate security on hand and knowingly served patrons at the bar who were visibly intoxicated, in violation of Pennsylvania state law, among numerous other charges.

Pacelli alleges she sustained severe and permanent injuries, including a complete tear of the anterior cruciate ligament (ACL) in her right knee, right knee pain, right knee scarring, sleeplessness, migraines, plus embarrassment and humiliation.

For counts of negligence and violating the Dram Shop law, the plaintiff is seeking in excess of $50,000.00, plus delay damages, interest, costs and such other and further relief, in this matter.

The plaintiff is represented by Jonathan S. Comitz and Jeremy R. Weinstock of Comitz Law Firm, in Wilkes-Barre.

Lackawanna County Court of Common Pleas case 17-CV-3514

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

SCRANTON – A sewage plant chief who needed spinal fusion surgery after allegedly being injured in a workplace accident says a private contractor and two of its employees were grossly negligent in causing the circumstances that led to that accident.

Christopher Meredick and Tara Meredick of Taylor filed suit in the Lackawanna County Court of Common Pleas on April 25 versus Koberlein, Inc. (doing business as “Koberlein Environmental Services”) of Honesdale, Ryan Wilbur of Factoryville and Jack Collins, of Prompton.

According to the complaint, Koberlein was a private contractor hired by the Commonwealth of Pennsylvania to perform sewer line repair work at Clark Summit State Hospital. Plaintiff Christopher Meredick served as the Chief Plant Operator of the Sewage Treatment Plant located at the hospital.

On July 30, 2015, Christopher was standing in the parking lot area where work was being performed and speaking with another employee, when he was suddenly struck in the head and body with a 1” rubber jet line, causing him serious injuries.

Defendants Wilbur and Collins, who were operating a jet vac line which became stuck inside an underground sewer line being repaired and/or cleaned, allegedly and in a careless and negligent fashion, tied a 3500-pound capacity strap to the 1” rubber jet vac line. Wilbur and Collins then used a Koberlein truck to back up in an attempt to remove the stuck vac line from the sewer pipe, and in doing so, the aforesaid strap broke causing the “stretched” or “taut” jet vac line to snap forward like a rubber band being released in Christopher’s direction, which struck him in the head and body.

Christopher believes Wilbur and Collins acted negligently in their conduct, that Koberlein was vicariously liable for that same conduct and that Wilbur, an employee of only two weeks, tested positive for drug use immediately following the incident – thereby alleging Koberlein did not wait for the results of the drug screen to come in, before putting Wilbur to work for the company with heavy machinery. The plaintiffs believe this allegation allows them to ask for punitive damages.

Christopher alleges he sustained serious injuries in the incident, including herniated cervical discs with radiculopathy, resulting in spinal fusion surgery at the L3-L4-L5 vertebral junction and accompanying scarring, dizziness, eye floaters, vomiting, post-concussive syndrome, eye and occipital nerve injury resulting in surgical intervention, tinnitus, vertigo, slurred speech, memory loss, lumbar injury, severe shock to his nervous system, limitation of motion, depression and other emotional injuries.

Christopher’s spouse Tara Meredick also sues for loss of consortium in this case.  

For counts of negligence, negligent entrustment, vicarious liability and loss of consortium, the plaintiffs are seeking in excess of $50,000.00, plus punitive damages, delay damages, interest, costs and any other relief the Court deems just and appropriate, in this matter.

The plaintiffs are represented by Scott E. Schermerhorn in Scranton.

Lackawanna County Court of Common Pleas case 17-CV-2614

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

SCRANTON – A local woman who attended a performance of “Jersey Boys” says the showing’s venue failed to ensure the safety of its patrons in their parking lot, which led her to be seriously injured after a fall on ice and snow.

Brittney M. Kurello of Scott Township filed suit in the Lackawanna County Court of Common Pleas on April 20 versus F&L Realty, Inc. of Dunmore and the Scranton Cultural Center (SCC) at the Masonic Temple, of Scranton.

On or about Jan. 17 of this year, Kurello attended a showing of “Jersey Boys” at the SCC’s facility. On said date, employees of the defendant were observed directing performance patrons into the premises.

Kurello avers she was one of the patrons in question and after parking her vehicle on the premises, she slipped and fell on the accumulated snow and ice down to the ground, sustaining severe and permanent injuries.

In addition, the plaintiff alleges the defendants failed to maintain the parking lot and its surfaces for the patrons attending the show that evening, by failing to remove the ice and snow in the parking lot, among other charges.

Kurello says she suffered severe and permanent injuries of both an internal and external nature, but did not provide further clarification.

For a single count of negligence, the plaintiff is seeking damages in an amount not in excess of $50,000.00, plus interest, costs, delay damages, attorney’s fees and other such other relief deemed just and proper, in this matter.

The plaintiff is represented by William P. Harrington, Jr. in Coatesville.

Lackawanna County Court of Common Pleas case 17-CV-2426

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com

SCRANTON – A Scranton man allegedly injured after a fall into a mechanic’s garage bay is suing the owner-company of the garage for negligence in not maintaining safe premises.

Allan Pisarz of Scranton filed suit in the Lackawanna County Court of Common Pleas on May 11 versus Jack Williams Tire Co., Inc., of Avoca.

Per the lawsuit, the defendant owned and maintained a garage in Old Forge. On June 9, 2016, Pisarz was on the premises as a business invitee of the defendant.

Pisarz claims an employee of the defendant instructed him to walk into one of the open bays to locate a representative of the garage, when without warning, he stepped into a six-to-seven foot-deep “pit” and violently fell to the bottom, suffering serious injuries in the process.

The plaintiff alleges the defendant failed to maintain the premises safely, among other charges.

Pisarz alleges he sustained severe and permanent injuries, including left shoulder and arm, comminuted displaced fracture of the proximal humerus on the left side, hospitalization, surgical procedure known as an “open reduction internal fixation of the left proximal humerus fracture”, permanent scarring, permanent limitation of use of arm, residual pain, severe pain and suffering and shock to plaintiff’s nerves and nervous system.

For a single count of negligence, the plaintiff is seeking in excess of the mandatory arbitration jurisdictional limits of the Court, in this matter.

The plaintiff is represented by Ryan P. Campbell and Howard A. Rothenberg of Howard Rothenberg & Associates, in Scranton.

Lackawanna County Court of Common Pleas case 17-CV-2846

From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nickpennrecord@gmail.com