Slusser suit award held up

WILKES-BARRE – A Centre County judge on Monday struck down a multimillion-dollar judgment in a legal malpractice case, ruling the plaintiffs must wait until other legal issues with the case are resolved before they can attempt to collect the award.

Senior Judge Charles C. Brown Jr. sided with attorneys for the law firm of Laputka, Bayless, Ecker and Cohn, who said attorneys for Bernadette Slusser acted prematurely in obtaining a judgment that would allow her to collect on a jury verdict awarded in February.

A jury awarded Slusser and other family members $3.4 million, finding the Laputka firm was negligent in handling several land transactions. The Laputka firm is attempting to overturn the verdict, arguing that trial judge Mark Ciavarella made several legal errors. The firm also alleges Ciavarella was biased because he has financial ties with a company once partly owned by attorney Robert Powell, whose firm represented Slusser.

Stephen Seach, attorney for Slusser, argued state law permitted Slusser to seek to collect the award if no ruling was issued on post-trial motions within 120 days of the verdict.

But Jeffrey McCarron, an attorney for the Laputka firm, maintained Slusser could not seek to collect on the award until those post-trial motions were resolved. McCarron claimed a secondary issue related to a separate legal claim also had to be resolved.

Barring an appeal to Superior Court, Brown’s ruling means the case will remain in Luzerne County Court. A hearing will be scheduled to address the post-trial issues raised by McCarron.

Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at 570-829-7179

Clear 30°

News

Place Quick Ads