Thomas J. O'Malley

Obtained a dismissal via preliminary objections of all claims asserted against our client, a day care center, in a shooting case venued in Philadelphia. The case arose from the shooting death of a student's father. The shooter had been previously convicted of manslaughter and assault and was an employee of the day care center's long-time food service vendor. While the decedent was dropping off his youngest child at day care, he got into an argument with the shooter, who was on the premises delivering food. The decedent subsequently drove away with his seventeen-year-old son in the passenger seat, and the shooter followed in his work van. A few blocks away from the day care center, the shooter pulled up alongside the decedent's vehicle and repeatedly fired a handgun at the decedent. The food service vendor, its affiliated entities, the day care center and the shooter were named as defendants. The claims against the day care center included negligence per se, negligent hiring, negligent supervision, negligent undertaking to render services, negligent infliction of emotional distress, violations of the Unfair Trade Practices & Consumer Protection Law (UTPCPL), negligent misrepresentation, and negligent infliction of emotional distress as to the decedent's seventeen-year-old son who witnessed the shooting. The plaintiffs' negligence per se claims centered on alleged violations of the Child Protective Services Law (CPSL), the Public Welfare Law (PWL) and the Pennsylvania School Code (School Code). After briefing, the Philadelphia Court of Common Pleas granted our preliminary objections. The case subsequently resolved with no contribution whatsoever from our client.

Obtained a Motion for Summary Judgement in the Philadelphia Court of Common Pleas in a motor vehicle accident involving a tractor-trailer that resulted in significant property damage. The judge agreed with our position that the plaintiff could not prove that our client's truck was involved in this specific motor vehicle  accident, and dismissed our client from the lawsuit.