Click here to subscribe today or Login.
Friday, March 14, 2003 Page: 5A
WILKES-BARRE – An attorney for 39 people suing a former area dentist has
appealed a Luzerne County judge’s ruling that prevents him from seeking
punitive damages and damages under the state’s Unfair Trade Practice law.
Michael Melnick of Pittston said Judge Ann Lokuta initially allowed the
claims to go forward in a Dec. 18 ruling, but she reversed herself in an
amended order filed on Feb. 14 that dismisses those counts.
Melnick said Thursday he has appealed Lokuta’s latest ruling to the state
Superior Court. The appeal cites several cases in which other Luzerne County
Court judges have allowed punitive damage and Unfair Trade Practice claims to
proceed against medical professionals.
Melnick is representing patients of Dr. Alireza Asgari, a former Hanover
Township dentist who is accused of preforming unnecessary dental procedures.
The suits seek damages on multiple counts, including compensatory, lost wages
and pain and suffering.
Those counts remain in the suits. The dispute centers on Melnick’s
contention that Asgari is subject to claims under the anti-fraud section of
the Unfair Trade Practices Act. Melnick also maintains Asgari’s acts were
willful and intentional, which would allow his clients to seek punitive
damages.
In an opinion filed Feb. 14, Lokuta says prior appellate court rulings have
held the Unfair Trade Practices law does not apply to medical providers. The
opinion does not detail why Lokuta dismissed the punitive damages claim.
The opinion also does not explain why Lokuta reversed her initial ruling
that allowed the punitive damage and trade practice claims to proceed.