News & Publications

Zimmer Kunz Results May 17, 2022

ZK Results – Attorneys Joni Mangino, Aaron Weiss, and Zach Evans Obtain Dismissal of Untimely Lawsuit filed Against Dentist

(Butler County, PA) (April 2022). Zimmer Kunz attorneys Joni Mangino, Aaron Weiss, and Zach Evans recently obtained the dismissal of a lawsuit filed against a dentist by two former patients. The lawsuit was initially commenced by a Writ of Summons and claimed injuries for medical malpractice. However, once the Complaint was filed it alleged only […]

Zimmer Kunz Results May 13, 2022

ZK Results – Attorney Danielle Zietak Obtains Dismissal for Out-of-State Defendant

In a lawsuit filed in Brooke County, WV, it was alleged that Plaintiff suffered injuries to his person and property when Defendant John Doe, an employee of Defendant PennDOT, allegedly backed a vehicle into Plaintiff’s driveway and yard, which were located in West Virginia. Defendant, an agency of the Commonwealth of Pennsylvania, filed a Motion […]

West Virginia Updates May 6, 2022

WV Update – West Virginia Trial Court Grants Motion to Dismiss in Workers’ Compensation Lawsuit Based on Collateral Estoppel

On April 18, 2022, the West Virginia Circuit Court of Cabell County, West Virginia in Michael D. Ruble v. Rust-Oleum Corporation, Cabell County, West Virginia, Case No. 19-C-127, granted Defendant Matrix Chemical LLC’s (“Matrix”) Motion to Dismiss under West Virginia Rule of Civil Procedure 12(b)(6) based on collateral estoppel. The complaint alleged that Plaintiff, Michael […]

Zimmer Kunz Results May 6, 2022

ZK Results – Attorney John W. Zotter Obtains Dental Malpractice Defense Verdict

Zimmer Kunz Shareholder, John W. Zotter, secured a defense verdict in the Court of Common Pleas of Washington County, Pennsylvania for a dentist who was alleged to have committed professional malpractice and failed to obtain the informed consent of his patient.  The lawsuit arose out of an extended course of dental treatment that was planned […]

Zimmer Kunz Results May 6, 2022

ZK Results – Attorney John W. Zotter Obtains Dismissal for Product Manufacturer

In a lawsuit filed in the Court of Common Pleas of Erie County, Pennsylvania, it was alleged that the 11-year-old Plaintiff was injured as she exited a five story, one hundred twenty-foot-long outdoor tube slide at a YMCA Camp and crashed into a hard-plastic mesh net at the end of the landing platform.  The Minor-Plaintiff […]

Pennsylvania Updates April 29, 2022

PA Update – Insurance Policy’s Household Exclusion Provision Enforceable Says Superior Court in Erie v. Colebank Opinion

The Pennsylvania Superior Court recently held in a non-precedential opinion that Household Exclusion provisions of motor vehicle insurance policies are enforceable in Pennsylvania, and that a Plaintiff who chose not to procure Under Insured Motorist (“UIM”) coverage for his own vehicle was not entitled to UIM coverage under his parent’s policy merely because he lived […]

Zimmer Kunz News April 28, 2022

ZK News – Congratulations to Tracy Pape

Congratulations to Tracy Pape on being elected president of the Pittsburgh Legal Administrators Association (PLAA).  The PLAA is an organization of individuals holding various legal management positions in the legal industry.  The purpose of the PLAA is to promote the exchange of information regarding the administration and management of legal organizations.

West Virginia Updates April 22, 2022

WV Update – The Supreme Court of Appeals of West Virginia Finds Jury Permitted to Consider Statutorily Immune Non-Party in Fault Apportionment

On March 21, 2022, the Supreme Court of Appeals of West Virginia issued an opinion in State ex rel. March-Westin Co. v. Gaujot, 2022 W. Va. LEXIS 201 (W. Va. 2022), holding, in part, that a statutorily immune party must still be considered for purposes of fault apportionment under West Virginia Code § 55-7-13d. In […]

Zimmer Kunz News April 6, 2022

ZK News – Shareholder Chris Yoskosky Named $5K Club Member for Leukemia Lymphoma Society

Congratulations to Shareholder Chris Yoskosky on being recognized by the Leukemia and Lymphoma Society for his fundraising efforts.  Chris was recognized as a $5K Club Member at the April 1, 2022 Students of the Year banquet at Heinz Field.  The 5k Club is a group of exemplary team members who raise $5,000 or more for […]

Zimmer Kunz Results April 4, 2022

ZK Results – Attorney Anthony J.G. Hassey, Secures Defense Verdict in Allegheny County Arbitration Case

On February 22, 2022, Zimmer Kunz attorney, Anthony J.G. Hassey won at arbitration in the matter of State Farm v. Olsakovsky, after Plaintiff’s counsel declined to settle the matter for the policy limits.  In the early morning hours of March 7, 2019, Defendant’s vehicle died, due to a faulty alternator, on a dark, remote part […]

Pennsylvania Updates March 28, 2022

PA Update – The Supreme Court of Pennsylvania holds that the Workers’ Compensation Act does not preclude the award of attorney fees to a claimant even if an employer establishes a reasonable basis for seeking a termination of benefits in Lorino v. Workers’ Comp. Appeal Bd. (Commonwealth), 266 A.3d 487 (Pa. 2021).

A PennDOT equipment operator suffered an injury on August 22, 2016.  The employer’s workers compensation carrier, InServco, accepted liability for a low back sprain/tear and a left hip sprain/tear pursuant to two medical only notices of compensation payable.  The employee did not miss any work because of his injury and did not receive indemnity benefits […]

Pennsylvania Updates March 18, 2022

PA Update – The Third Circuit Court of Appeals Rules that Inter-Policy Stacking Waivers Must Be Explicit to Be Enforceable Under Pennsylvania Law

The Third Circuit Court of Appeals affirmed entry of summary judgment in favor of an under-insured motorist plaintiff in a dispute involving inter-policy stacking. Donovan v. State Farm Mut. Auto. Ins. Co., 2022 U.S. App. LEXIS 4232, — A.3d — (3rd Cir. 2022). In that matter, the plaintiff was involved in a motorcycle accident and […]

Zimmer Kunz News March 3, 2022

ZK News – Zimmer Kunz Attorneys Volunteer in PBA Mock Trial Program

The Regional rounds of the Pennsylvania Bar Association’s High School Mock Trial Program are coming to a close, and Zimmer Kunz attorneys have been a key part of the event in Region 1, which encompasses Allegheny County. Associate Thomas Cocchi was asked by PBA mock trial leadership to assist in the coordination of the mock […]

Pennsylvania Updates March 2, 2022

PA Update – In an era of COVID-19, an employer’s willful and wanton disregard of their employee’s safety does not waive the Workers’ Compensation Act immunity from civil suit

In December 2021, the Eastern District of Pennsylvania addressed the issue of whether an employer’s willful or wanton disregard for an employee’s safety by deliberately exposing its employees to the COVID-19 virus was sufficient to overcome the exclusivity provisions of the Workers’ Compensation Act in Barker v. Tyson Foods, Inc., No. 21-223 (E.D. Pa. Dec. […]

Pennsylvania Updates February 24, 2022

PA Update – Superior Court of Pennsylvania Affirms Judgment in Favor of Employer-Social Host

In Klar v. Dairy Farmers of America, Inc., ___ A.3d ___, 2021 Pa. Super. LEXIS 729 (Pa. Super. Dec. 17, 2021), the Pennsylvania Superior Court held that a defendant-employer cannot be held liable under a Dram Shop-style action. The employer organized and encouraged its employees to participate in a pay-to-play golf outing at a public […]

Zimmer Kunz Results February 23, 2022

ZK Results – Attorney Sharon Hall obtains summary judgment and dismissal of wrongful death suit

Attorney Sharon Hall obtained summary judgment for her clients in a wrongful death suit alleging professional negligence in the performance of home health services leading to the death of a client.   Plaintiff, the administrator of the estate of the deceased, claimed the home health agency was liable for her mother’s death when they failed to […]

Zimmer Kunz News February 7, 2022

ZK News – Zimmer Kunz Announces Brian M. Lucot as New Director of the Firm

Pittsburgh – February 7, 2022 – Zimmer Kunz, PLLC, a leading regional civil litigation firm, is pleased to announce the appointment of Brian M. Lucot as a new Director of the firm. Mr. Lucot is a 2010 graduate of the Duquesne University School of Law, cum laude, and a 2006 graduate of Pennsylvania State University.  Mr. […]

Zimmer Kunz Results November 1, 2021

ZK Result – Attorneys Mark Fiorilli and Adam Auchey secure dismissal of client in high stakes litigation in West Virginia

(Brooke County, WV) (October 2021) Last month, Zimmer Kunz attorneys Mark A. Fiorilli and Adam S. Auchey obtained a significant victory at the summary judgment stage in Brooke County, West Virginia. In early 2021, our client was joined into a lawsuit originally filed in 2016, alleging a deliberate intent claim against it.  The plaintiff contends […]

Zimmer Kunz Results October 8, 2021

ZK Result – Attorney Aaron Weiss Obtains Defense Win in Auto Accident Jury Trial

(Allegheny, PA) (October 2021). After a two day civil jury trial in the Court of Common Pleas of Allegheny County, Pennsylvania, Zimmer Kunz attorney Aaron Weiss obtained a defense verdict on behalf of his client in a motor vehicle accident at a three-way intersection. Both parties claimed the other was at fault, and that he/she […]

Zimmer Kunz News September 15, 2021

ZK News – Zimmer Kunz Sponsors Barrel & Flow Festival

This year Zimmer Kunz sponsored Barrel & Flow, a craft beer festival to promote craft beer among diverse communities, specifically the African American community. As part of the event, ZK collaborated with Anthony “Sizzle” Perry and his team at Crafted Culture in Columbus, Ohio to brew a beer. Crafted Culture is the Central Ohio’s first […]