Counsel for a disabled woman who won a $3 million verdict against the group home that was caring for her has filed a motion to “enforce stare decisis” in an effort to get the common pleas judge to proceed with a new trial on punitive damages.
Earlier this month the attorney for the plaintiffs, Michael J. Pisanchyn, filed the unusual motion with the state Superior Court, contending that Luzerne County Court of Common Pleas Judge Thomas F. Burke Jr. failed to follow the Superior Court’s 2014 ruling stemming from a prior appeal in the case, Brittain v. Hope Enterprises. The Superior Court ruling in that case appears to have partially upheld Burke’s prior ruling granting a new trial on some wrongful-death damages and punitive damages under a Survival Act claim.
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