Daniel Stofko, defense attorney in the Scranton office of Cipriani & Werner, recently succeeded in having a high-profile liability case against a local School District dismissed.

The plaintiff was accompanying a special needs student on a School District bus when she alleges that another student assaulted her, causing personal injuries. The plaintiff took the matter to court claiming that the School District was negligent and careless in that it failed to protect other students on the bus by allowing this “very aggressive” student on board. It was further alleged that the District was culpable for both failing to provide other riders with adequate notice of the “dangerous condition” posed by this student and for not having the student restrained.

Attorney Stofko filed preliminary objections to the plaintiff’s complaint, arguing that the School District was immune from a lawsuit under the Political Subdivision Tort Claims Act. They further argued that as a local agency, the District was immune from suit and that none of the eight exceptions to municipal immunity applied in this case – including the “motor vehicle exception”. Stofko then demonstrated that a suit may only be brought under this exception if the alleged injury arises out of the operation of the motor vehicle. In this case, the incident was alleged to occur between passengers. Despite arguments from the plaintiff’s counsel, the two attorneys successfully established that the allegations of negligence did not relate to the “operation” of the motor vehicle as defined through case law.

Cipriani & Werner  and their client were satisfied with the outcome. For decades the firm has built its reputation on thorough research and knowledge of case law, which once again proved be the winning factor in an emotionally charged courtroom.