CYNTHIA DEVERS OF THE WOLK LAW FIRM WINS APPEAL OF THE LALLO CASE
This win is especially poignant because of the abuse by the defense. The first trial took three months while the defendant deliberately delayed the trial. It filed no less than 8 appeals that were all thrown out.
The first trial ended in a mis-trial because the jury couldn’t stay longer and had served for months while the defense made it a point to waste their time.
The second trial was more of the same but the case went to verdict and the jury entered a 9-million- dollar verdict for Plaintiffs. The defense appealed that too but in a 34-page opinion the Superior Court of Pennsylvania rejected the defense arguments and affirmed the verdict and post-trial decision of the Court.
This decision is significant because it is one of the few trial court verdicts and post-trial decisions after the Pa. Supreme Court overhauled Pennsylvania’s Products Liability Law.
It affirms the ability of the trial judge to make issue by issue choice of law decisions and reaffirms the long-standing law that failure to create a record below makes an appeal non-justiciable as to that issue. The decision also made it clear that failing to adequately argue points on appeal with cogent citation of cases that are in point renders the appellate Court unable to address that argument.
This result is a relief to the Lallo family who have waited 9 years since the death of the mother and father in an airplane crash in Kansas City just moments after a visiting to celebrate the birth of their newest grandchild.
While the case should be over, the option remains for the defendant to ask the Pa. Supreme Court for relief but the strength of the Superior Court’s opinion should deter any reasonable legal mind from pursuing that course which will be unavailing while interest on the verdict mounts daily.
Cynthia wrote the brief and argued the appeal and deserves great credit for a magnificent result.
Arthur Alan Wolk
May 26, 2022
For more commentaries click here.
For more than 50 years, The Wolk Law Firm has concentrated its practice in the area of aviation law, with Arthur personally generating verdicts and settlements of more than a billion dollars during the last decade alone. He is known for obtaining and on appeal, holding, the largest verdicts for each type of air accident claim in recent aviation history.