Preliminary Objections Overruled in Clergy Abuse Personal Injury Case

In the case of Patchkoski v. Diocese of Scranton, No. 2019-CV-5061 (C.P. Lacka. Co. June 12, 2020 Bisignani-Moyle, J.), the court addressed several Preliminary Objections to a personal injury Complaint arising out of claims of clergy abuse.

According to the Opinion, the Plaintiff filed the Complaint against various Defendants relative to allegations of clergy abuse within the Diocese and an “alleged cover-up” of the same by the Diocese, all of which resulted in personal injuries to the Plaintiff.

The Defendants filed various demurrers to the different claims asserted, including claims of Conspiracy, Fraud, Constructive Fraud, and for Punitive Damages. The Defendants also asserted that the Plaintiff’s claims failed due to the failure of the Plaintiff to have standing to bring the claim and due to the Plaintiff’s failure to add the Vatican as an indispensable party.

In the end, the Court denied all of the demurrers asserted and also found that the Plaintiff had standing to pursue the claim.

The Court also held that the Vatican was not an indispensable party that was required to be joined in this matter. The Court noted that, although the Plaintiff mentioned the complicity of the Vatican in the Complaint, there was no allegation that the Vatican caused the Plaintiff’s alleged injuries.

Anyone wishing to review a copy of this decision may click this LINK

I send thanks to Attorney Christopher Quinn of the Kingston, PA law firm of Hourigan, Kluger & Quinn for bringing this case to my attention.

Motion To Bifurcate Coverage Question From Post-Koken UM Case Granted in Part and Denied in Part in Lackawanna County

In the Post-Koken UM case of Caridad v. Caridad, No. 2014-CV-6070 (C.P. Lacka. Co. Nov. 19, 2019 Bisignani-Moyle, J.), Judge Margie Bisignani-Moyle of the Lackawanna County Court of Common Pleas addressed a defendant carrier's motion to bifurcate a trial.

In this case, the defendant carrier was asserting as a defense in this breach of contract UM claim that there was no coverage due to the Plaintiff because the Plaintiff was not a resident of the insured's household at the time of the accident. 

In addition to arguing that bifurcation was not warranted under the case presented and would not support the interests of judicial economy, the Plaintiff argued that a  separate declaratory judgment action on the issue of coverage had not been filed and that, therefore, the coverage action was not in issue in this matter.

The defense countered with the argument that there was no breach of contract as there was no coverage under the policy in the first place.

The Court granted the motion to bifurcate in part and denied it in part.  The court granted the motion to bifurcate to the extent that the court ruled that the issue of residency and coverage would be addressed first.  Although the defense asserted that the coverage question was one of law for the court to decide, the court initially ruled that the coverage question would go to the jury.  The Court appeared to rule in this fashion as there were factual issues on the question of residency to be resolved.

Anyone wishing to review the Court's Order without Opinion may click this LINK.

Postscript:  At a more recent court conference after this Order was issued, the Court agreed to decide the coverage issue after securing and agreement of counsel for the Court to decide that issue.  However, the entire case settled before the bench trial on the coverage issue took place.

Civil Court Judicial Assignments Announced for Lackawanna Court of Common Pleas

The Lackawanna County Court of Common Pleas
Scranton, PA

According to a January 5, 2016 article by David Singleton in the Scranton Times-Tribune entitled "Jarbola Sworn in as Lackawanna County Judge" regarding Judge Andy Jarbola taking the bench, President Judge Michael Barasse also announced judicial assignments to the Civil Division of the same court.

According to the article, Judge Terrence R. Nealon will serve as Administrator of the Civil Division, with Judge Margie Bisignani-Moyle and Judge James A. Gibbons sharing the civil litigation workload.

While the article did not reference the following, on information and belief, now Senior Judge Carmen D. Minora will preside over the Discovery Motions court and may possibly assist with other civil matters.  Senior Judge Robert A. Mazzoni will also assist with the civil docket caseload.